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Judgment
Bechu Kurian Thomas, J.
Petitioner is the 3rd accused in C.C.No.787/2019 on the files of the Judicial First Class Magistrate Court-III, North Paravur. The offences alleged against the petitioner are under Sections 143, 147, 148, 447, 427, 294(b), 506 r/w Section 149 of the Indian Penal Code, 1860.
Since petitioner is a student studying in United Kingdom, she filed an application to record her plea through her counsel and for personal exemption. In the meantime, as the petitioner had, after obtaining the bail, left the country, the learned Magistrate issued a non bailable warrant and also rejected the application to record her plea through the counsel, noticing that no affidavit had been filed and also since permission was not sought before going abroad. The said order dated 31.01.2024 has been challenged in this petition.
I have heard Sri. George Briston, the learned counsel for the petitioner and Sri. T.R.Ranjith, the learned Public Prosecutor.
It was submitted that there was no restriction in any order or in bail condition that petitioner shall take permission from the trial court before leaving the country. In the absence of such a restriction, petitioner’s right to travel abroad cannot be restrained or prevented, and she cannot be put to any hardship for exercising such a right. However, filing of an affidavit is essential to show the bonafides of the request for recording the plea through counsel and also for personal exemption.
Petitioner is stated to be a student at United Kingdom and her right to pursue her studies also ought not to be curtailed merely because a case is pending before the court, especially when if affirms through proper affidavit that she will appear through the counsel and also appear as and when required by the court.
Therefore, if the petitioner files a proper application along with appropriate affidavit for recording the plea through her counsel and also for personal exemption, the learned Magistrate shall consider the same and pass appropriate orders in accordance with law without delay. The order dated 31.01.2024 in C.M.P.No.588/2024 in C.C. No.787/2019 is hereby set aside to enable consideration afresh.
This criminal miscellaneous case is disposed of as above.