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Judgment
Dr Kauser Edappagath, J
The petitioner is the 3rd accused in S.C.No.946/2021 pending on the file of the Second Additional Assistant Sessions Court, Ernakulam (for short 'the court below'). He is on bail.
It is submitted that the case stands posted tomorrow (19.10.2022) for framing charge. On the last posting, the court below issued a bailable warrant against the petitioner.
The learned counsel for the petitioner, Smt.Amrin Fathima, submits that now the petitioner is abroad and he is filing an application under Section 205 of the Cr.P.C. to condone his absence and to frame charge through his counsel. The learned counsel further submits that, since the petitioner is at abroad, the affidavit to be filed along with the application under Section 205 of the Cr.P.C. needs to be attested via Embassy and the petitioner needs some time for the same. It is in these circumstances, the petitioner has approached this Court.
Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of as follows:-
(i) The petitioner through his counsel shall file an application under Section 205 of the Cr.P.C. supported by an affidavit within a period of one month from today.
(ii) The court below shall dispose of the said application in accordance with law.
(iii) Till that period, the bailable warrant issued against the petitioner shall be kept in abeyance.
The Crl.M.C. is disposed of as above.