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2019 (7) TMI 539 - HC - Income TaxProsecution under the Income Tax Act - exemption from appearance - Non bailable warrant - HELD THAT:- Having regard to the facts and circumstances and the submissions made across the bar and taking note of his physical condition, it is of the view that necessary directions can be issued to the petitioner to appear before the learned Magistrate. Non bailable warrant issued against the petitioner will stand quashed. The petitioner shall appear before the learned Magistrate on 26.06.2019 and his bail application, if any, shall be considered and orders shall be passed on the same day itself. The apprehension of the learned counsel that his application for bail will not be positively considered is misconceived in view of the nature of allegations against the petitioner. After appearing before the learned Magistrate, the petitioner may file an application in tune with the directions issued by this Court in Raju T.P. v. State of Kerala [2009 (6) TMI 1017 - KERALA HIGH COURT] seeking exemption from appearance. If any such application is filed, the learned Magistrate shall consider the same and pass appropriate orders on its merits.
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