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TMI Blog2021 (6) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... side, the right of the accused to carry on his occupation or profession cannot be curtailed. 2. The petitioner is the first accused in the case registered as Crime No. 1274/2020 of Elavumthitta police station. The offences alleged against him are punishable under Sections 498A and 506(i) of the Indian Penal Code. 3. The Court of 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. 10. The normal rule is that evidence in a case shall be taken in the presence of the accused. However, even in the absence of the accused, evidence can be taken but then his counsel must 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the 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. 13. In Noorjahan v. Moideen: 2000 (2) KLT 756, this Court has held that, in appropriate cases, the Court has the 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 P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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