Personal appearance under Section 205 CrPC may be dispensed with where counsel can adequately represent the accused.

Section 205 of the Code of Criminal Procedure empowers the court to dispense with personal attendance where the circumstances of the case and the interests of justice justify representation through counsel. Because the petitioners were company officials residing outside Madras, their identity was undisputed, and they had undertaken to appear when required, strict insistence on initial personal appearance was unwarranted. No prejudice to the complainant was shown, so personal appearance was dispensed with and representation by counsel allowed.

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Issues: Whether the petitioners were entitled to exemption from personal appearance and to be represented through counsel under section 205 of the Code of Criminal Procedure, 1973.

Analysis: The petitioners were company officials residing outside Madras, their identity was not in dispute, and they had undertaken to appear whenever required. The discretion under section 205 was required to be exercised with regard to the circumstances of each case, the necessity for personal attendance, and the interests of justice. A rigid insistence on initial personal appearance was held to be unwarranted where no prejudice would be caused to the complainant and the accused could be effectively represented by counsel.

Conclusion: The petitioners were entitled to have their personal appearance dispensed with and to be represented through counsel.

Ratio Decidendi: Section 205 of the Code of Criminal Procedure, 1973 confers a discretionary power to dispense with personal attendance where the circumstances of the case and the interests of justice justify representation through counsel.

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