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Accused who is on bail can be allowed to go abroad for his employment
Arun Baby Vs State of Kerala
CRL.MC NO. 2695 OF 2021
About/from the judgment:
The High Court on Friday while hearing a petition seeking permission to go abroad allowed to the accused on bail to go to UAE to rejoin his duty. It was observed that the right of the accused to carry on his occupation cannot be curtailed while ensuring the culmination of legal process.
The plea filed by Arun Baby mentioned that he is employed as General Electrical Engineer in the UAE, and that the visa granted to him would expire on 15.07.2021. The petitioner urged that It was necessary for him to return to U.A.E sufficiently early.
Petitioner mentioned that the Court of Session had not imposed any condition that he should obtain prior permission of the court to go abroad while granting bail. This petition was filed merely because the petitioner being a law abiding citizen, wanted to avoid difficulties in future.
The Court observed that although the general rule mandates that evidence be taken in the presence of the accused, evidence can be taken in his absence as long as his counsel is present in the court, provided the accused has been exempted from attendance.
It was also noted that the present trial can progress even in the absence of the accused, and that it is not essential for prosecution witnesses to identify him in the court as the offender. Therefore, he was exempted from personal appearance on the following conditions:
-> He should file an affidavit in the concerned Magistrate's Court that he would appear before that court as and when required by that court.
-> He should engage a counsel to appear before the trial court
-> The affidavit should also undertake that the counsel engaged by him would appear before the trial court on his behalf on each and every date of hearing
-> The petitioner shall not object to the recording of the evidence in his absence
-> No adjournment shall be asked for on his behalf.
While allowing the petition, the court held thus,
"If the Court is satisfied that, in the interests of justice, the personal attendance of an accused before it need not be insisted on, then court has the power to dispense with his attendance. If a court feels that insisting on the personal attendance of an accused in a case would be too harsh, the court can grant appropriate relief to him."
Read the Judgment
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