2025:KER:19238 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6TH DAY OF MARCH 2025/15TH PHALGUNA, 1946 CRL.MC NO. 1278 OF 2025 CRIME NO.40/2022 OF MOOVATTUPUZHA EXCISE RANGE OFFICE, ERNAKULAM AGAINST THE ORDER/JUDGMENT IN SC NO.295 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR / I ADDITIONAL MACT, NORTH PARAVUR PETITIONER/5TH ACCUSED: ABDUL NIZAR, AGED 39 YEARS, S/O NAZAR K K, KANDATHINKARA HOUSE, EDAVETTY P.O., THODUPUZHA, IDUKKI, PIN - 685558 BY ADVS. GAYATHRI MURALEEDHARAN ARCHANA B. NAEEM ARYA RAVEENDRAN RESPONDENTS/STATE/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ASSISTANT EXCISE COMMISSIONER, EXCISE CRIME BRANCH, ERNAKULAM NORTH, ERNAKULAM, PIN - 682018 CRL.MC NO. 1278 OF 2025 2 2025:KER:19238 OTHER PRESENT: SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1278 OF 2025 3 2025:KER:19238 O R D E R Dated this the 6th day of March, 2025 Petitioner is the 5th accused in S.C No.295 of 2023 pending on the files of the Additional Sessions Court-I, North Paravur. The case originated from Crime No.40 of 2022 registered at the Muvattupuzha Excise Range Office for offences punishable under Sections 20(b)(ii)(c), 25, 27A, 29 and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The petitioner was granted bail at the crime stage as per Annexure A1 order dated 10.01.2024, subject to certain conditions. Condition No. (iv) required the petitioner to surrender his Passport. Accordingly, the petitioner surrendered his Passport and later moved an application before the court, seeking release of his Passport and permission CRL.MC NO. 1278 OF 2025 4 2025:KER:19238 to travel abroad. The request was allowed by Annexure A2 order, subject to the following conditions; “1) Petitioner shall execute a bond for ₹2,00,000/- (Rupees Two lakh only) with two solvent sureties for the like sum each. 2) Petitioner shall produce copy of the passport before the court. 3) Petitioner shall be represented before the court in all posting dates. 4) Petitioner shall appear before the court as and when required and co-operative with the trial. 5) Petitioner shall surrender his passport as and when required. 6) Violation of any of the above conditions would result in cancellation of bail.” Thereafter petitioner approached this Court by filing W.P.(Crl) No.894 of 2024, seeking withdrawal of the lookout circular pending against him. That prayer was also allowed as per Annexure A3 judgment with the following observations; “7. However, it is clarified that since the petitioner has been granted bail and the learned CRL.MC NO. 1278 OF 2025 5 2025:KER:19238 Sessions Judge has permitted the passport to be released to him, he is granted permission to travel abroad, and the lookout circular already issued in this case shall not be used against the petitioner to deny his right to travel. The conditions imposed by the learned Sessions Judge in Ext.P4 shall scrupulously be complied with, notwithstanding this order.” 3. Learned Counsel for the petitioner submits that as per Annexure A2 order, the petitioner was permitted to be represented by counsel and to appear as and when required. Accordingly, petitioner was being represented by Counsel all throughout and no separate application for exemption from personal appearance was insisted, as he was to appear only when required. After the Presiding Officer changed, proceedings are initiated against the petitioner under Sections 82 and 83 of Cr.P.C, by reason of his failure to be present in court. A careful scrutiny of Annexures A1 to A3 reveals that, while permitting the petitioner to travel CRL.MC NO. 1278 OF 2025 6 2025:KER:19238 abroad, the court below had allowed him to appear through Counsel, unless otherwise directed. As such, the petitioner’s presence on the posting dates cannot be insisted upon, as long as he is represented by a Counsel. 4. As the court is now insisting on the petitioner’s presence, absent applications are being filed on his behalf. The petitioner being employed abroad, it is only appropriate to permit the petitioner to appear through video conferencing mode, as the Electronic Video Linkage Rules for Courts (Kerala) 2021 of the High Court permits such procedure. If the petitioner makes an appropriate application for withdrawal of the coercive proceedings initiated against him as well as the sureties, the trial court may take a reasonable stand and pass appropriate orders, since the proceedings were initiated without noticing the earlier orders. CRL.MC NO. 1278 OF 2025 7 2025:KER:19238 The Crl.M.C is accordingly disposed of by permitting the petitioner to mark his appearance in court through video conferencing mode on the next posting date to submit an application seeking withdrawal of the coercive proceedings initiated against him. Until then, the coercive proceedings initiated against the petitioner and his sureties shall be kept on hold. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1278 OF 2025 8 2025:KER:19238 APPENDIX OF CRL.MC 1278/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER IN BAIL. APPL. NO. 11051 OF 2023 DATED 10.01.2024 ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CRL.MP. NO: 1831/2024 DATED 12.07.2024 ISSUED BY THE ADDITIONAL DISTRICT AND SESSIONS COURT – NORTH PARAVUR ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN WP(CRL.) NO. 894 OF 2024 DATED 13.08.2024 ANNEXURE A4 THE TRUE COPY OF THE PROCEEDINGS IN SC NO: 295 /2023 OF ADDITIONAL DISTRICT AND SESSIONS COURT – NORTH PARAVUR FROM 18.04.2023 TILL 19.12.2024