The Kerala HC while hearing a petition seeking permission to travel abroad allowed to the accused on bail to travel to UAE to rejoin his duty. it had been observed that the right of the accused to hold on his occupation can’t be curtailed while ensuring the culmination of legal process.
The plea filed by Arun Baby mentioned that he’s employed as General engineer within the UAE, which the visa granted to him would expire on 15.07.2021. The petitioner urged that it had been necessary for him to return to U.A.E sufficiently early.
Adv. Manu Ramachandran while asserting petitioner mentioned that the session didn’t put any conditions & this petition is because the petitioner being a law abiding citizen, wanted to avoid difficulties in future.
The Court observed that although the overall rule mandates that evidence be taken within the presence of the accused, evidence are often taken in his absence as long as his counsel is present within the court, provided the accused has been exempted from attendance.
Therefore, he was exempted from personal appearance on the subsequent conditions:
- He should file an affidavit within the concerned Magistrate’s Court that he would seem before that court as and when required by that court.
2.He should engage a counsel to seem before the court .
3.The affidavit should also undertake that the counsel engaged by him would seem before the court on his behalf on each and each date of hearing
4.The petitioner shall not object to the recording of the evidence in his absence.
No adjournment shall be asked for on his behalf.
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