TMI Blog2021 (6) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... make himself present in the court. However, one precaution which the court should take in such a situation is that the said benefit need be granted only to an accused who gives an undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence. In the instant case, the offences alleged against the petitioner are punishable under Sections 498A and 506(i) of the Indian Penal Code. There will not be any need for the prosecution witnesses to identify him in the court as the offender. If the petitioner undertakes that he would appear before the trial court on all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Session, Pathanamthitta granted anticipatory bail to the petitioner. It is stated that, in compliance with the order passed by the Court of Session, the petitioner appeared before the Magistrate's Court concerned and he was released on bail. 4. After completing the investigation, the police filed final report against the petitioner in the Magistrate's Court concerned but it was returned defective. It is stated that the investigating officer has not re-submitted the final report. 5. The petitioner is a person employed as General Electrical Engineer in the United Arab Emirates (UAE). The visa granted to him would expire on 15.07.2021. It is necessary for him to return to U.A.E. sufficiently early. He has prayed that he may be g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be present in the court, provided the accused has been granted exemption from attending the court. If the progress of the trial can be achieved even in the absence of the accused, the court can certainly take into account the magnitude of the sufferings which a particular accused person may have to bear with in order to make himself present in the court. However, one precaution which the court should take in such a situation is that the said benefit need be granted only to an accused who gives an undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discretionary power to exempt the personal appearance of the accused even in warrant cases and to have the plea of the accused recorded through his counsel, who is specifically authorised for that purpose. The decision in Noorjahan has been followed in Raju v. State of Kerala (2009 (3) KHC 14). 14. In the instant case, the offences alleged against the petitioner are punishable under Sections 498A and 506(i) of the Indian Penal Code. There will not be any need for the prosecution witnesses to identify him in the court as the offender. If the petitioner undertakes that he would appear before the trial court on all hearing dates as may be specifically directed by that court, he can be exempted from personal appearance before the court and h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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