Physically Incapacitated Accused On Bail Can Be Permitted To Appear Virtually For Judgment Pronouncement By JMFC: Kerala High Court

Post By 24 Law
June 25, 2025

Pranav B Prem

In a significant ruling, the Kerala High Court has held that an accused who is out on bail and is physically incapacitated can be permitted to appear through virtual mode for the pronouncement of judgment by a Judicial First Class Magistrate Court. The Court emphasized the applicability of the Electronic Video Linkage Rules for Courts (Kerala), 2021, in such cases to secure the ends of justice.

Legal Provisions Involved

Section 353(6) of the Code of Criminal Procedure (CrPC) mandates the presence of an accused, not in custody, for the pronouncement of judgment, except when personal appearance has been dispensed with. However, the proviso to this section allows the court to pronounce judgment in the absence of one or more accused if others are present.

Additionally, Rule 3(1) of the Electronic Video Linkage Rules for Courts (Kerala), 2021 states: "Electronic video linkage facilities may be used at all stages of judicial proceedings or under any other special law for the time being in force, and also to such other proceedings which are conducted by the Court." Interpreting this provision, the Court clarified that video conferencing can also be used for the pronouncement of judgment.

Case Background

The petitioner, Chinnamma George, an 86-year-old woman, was the sole accused in C.C.No.1216 of 2022 before the Judicial First Class Magistrate Court-II, Kochi. She was charged under Section 420 read with Section 34 of the IPC. After trial, the case was posted for judgment. However, the petitioner, who is bedridden due to colon cancer, was absent on the judgment date. Consequently, the Magistrate Court split her case, renumbered it, and proceeded to pronounce judgment against the other two accused, sentencing them to three years of rigorous imprisonment and a fine of ₹10,000 each. The petitioner moved the High Court under Crl.MC No. 10405 of 2023, challenging the trial court's order that dismissed her application for exemption from personal appearance and permission to receive judgment through her counsel. The petitioner’s counsel argued that since the other accused were present, the Magistrate could have pronounced the judgment in her case as well, allowing her to appear virtually.

High Court’s Observations

Justice V.G. Arun, while acknowledging the petitioner’s medical condition, held: "In situations like this, the Electronic Video Linkage Rules for Courts (Kerala), 2021 can be put to use for securing the ends of justice. In this regard, it is pertinent to note that Rule 3(1) provides for usage of video conferencing facilities at all stages of judicial proceedings, which would include pronouncement of judgment also."

The Court also referred to Section 29(2) of CrPC, which limits the sentencing power of a First Class Magistrate to imprisonment not exceeding three years. Under Section 389(3)(i) CrPC, such a Magistrate can release a convicted accused on bail for a reasonable period to enable them to file an appeal and seek suspension of sentence. However, in the present case, the petitioner’s bail had been cancelled due to her absence in court on the judgment date. Recognizing the petitioner’s plight, the Court set aside the bail cancellation order and restored her bail status: "The pitiable situation in which the petitioner is placed calls for grant of extraordinary relief. Hence, proceedings by which petitioner's bail was cancelled is set aside and the petitioner is declared to be on bail on the strength of bail bonds executed by her earlier."

Verdict

The High Court concluded that an accused who is physically incapacitated and out on bail can be permitted to appear virtually for the pronouncement of judgment, provided the case is before a Judicial First Class Magistrate Court. It issued the following directions:

The petitioner shall be permitted to appear through virtual mode on the date fixed for the pronouncement of judgment by the jurisdictional Magistrate, in accordance with the procedure prescribed under the Electronic Video Linkage Rules for Courts (Kerala), 2021.

The Magistrate can fix a date and time for such virtual appearance.

Before the scheduled date, the petitioner shall file an affidavit undertaking to execute the requisite bail bonds or furnish security in the form of cash or Government Promissory notes within the time granted by the court.