"Kerala High Court Allows Virtual Appearance for Aged and Ailing Accused in Criminal Proceedings"
➡️The petitioner, Chinnamma George, 86, was the sole accused in a criminal complaint case1216 of 2022 before the Judicial First Class Magistrate Court-II, Kochi. The case stemmed from a Criminal case registered in the year 2014, U/s 420 read with Section 34 IPC against her and two co-accused.
The judgment was passed against the co-accused, sentencing them to three years of imprisonment and a ₹10,000 fine each. Chinnamma was absent on the judgment date, so her case was split and renumbered as C.C.No.1216 of 2022.
She cited colon cancer as the reason for her absence and sought #exemption from #personalappearance under Section 353 read with Section 205 Cr.P.C., which was rejected. She then filed a petition under Section 482 Cr.P.C. before the Kerala High Court, seeking #permission to attend #proceedingsvirtually due to her medical condition.
#bailrestoration
➡️Whether an accused who is physically incapacitated can be permitted to attend court proceedings, including the pronouncement of judgment, through virtual mode under the Electronic Video Linkage Rules for Courts (Kerala), 2021.
➡️The petitioner's counsel submitted that
🔹The petitioner, bedridden with colon cancer, couldn’t appear in person. 🔹The trial court should have applied the proviso to Section 353(6) Cr.P.C., allowing judgment in her absence as co-accused were present.
🔹The High Court could permit virtual appearance under Section 482 Cr.P.C.
➡️The Prosecution submitted that
🔹There is no explicit provision in Section 353 Cr.P.C. that allows an accused to attend judgment pronouncement virtually.
🔹The petitioner’s absence resulted in the #cancellation of her #bail.
#proceduralfairness
➡️The High Court observed that
🔹Section 353(6) Cr.P.C. mandates the accused’s presence unless #personalappearance is dispensed with or the accused is acquitted or fined.
🔹Proviso to Section 353(6) allows judgment in the absence of one accused if others are present, but not applicable since the trial court split the petitioner’s case.
🔹Petitioner’s severe #healthandage warrant #extraordinaryrelief.
Electronic Video Linkage Rules for Courts (Kerala), 2021, Rule 3(1), allows #videoconferencing at all #judicialstages, including judgment pronouncement.
#judicialdiscretion
👉The petitioner’s bail cancellation was reversed by the Kerala High Court, reinstating her bail based on previous bonds. She was allowed to attend the judgment pronouncement #virtually under the 2021 #ElectronicVideoLinkageRulesforCourts (Kerala). The Magistrate was instructed to set a date and time for her #virtualappearance. She had to file an affidavit before the judgment date, promising to execute bail bonds or provide security in cash or Government Promissory Notes.
👉Stay connected for #ExpertGuidance #LegalInsights #legalupdates and #significantrulings
➡️Case Chinnamma George v. State of Kerala & another Cr M C 10405/2023 Court Kerala HighCourt Judge Hon'ble Mr Justice V G Arun J