IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Crl.MC.No. 1979 of 2011() ------------------------------------- CC.NO.138/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA CRIME NO.1401/2010 OF THODUPUZHA POLICE STATION .................... PETITIONER(S): ACCUSED --------------------------------------- JITHIN JOHN, S/O. JOHN, AGED 26 YEARS, ILLICKAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S)/ COMPLAINANT & DEFACTO COMPLAINANT ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, THODUPUZHA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LENI KURIAKOSE, AGED 39 YEARS, S/O.KURIAKOSE, MADATHIL HOUSE, PUTHUPRIYARM.P.O, CHITTOOR, THODUPUZHA - 685 584. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1979/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE AGREEMENT DATED 03/09/2010 ANNEX A2 COPY OF THE AGREEMENT DATED 03/09/2010 ANNEX A3 COPY OF THE FIR DATED 06/09/2010 ANNEX A4 COPY OF THE PLAINT IN O.S.NO.75 OF 2010 FINAL REPORT DATED 07/09/2010. ANNEX A5 COPY OF THE WRITTEN STATEMENT IN ANNX A4 DATED 09/12/2010. ANNEX A6 COPY OF THE FINAL REPORT DATED 30/10/2010. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1979 of 2011 - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2011. O R D E R Heard the learned counsel for the petitioner. 2. The petitioner is the accused in Crime No. 1401 of 2010 of Thodupuzha Police Station and now pending as C.C.No. 138 of 2010 before the Chief Judicial Magistrate, Thodupuzha. I am not inclined to entertain this application at this stage. The learned counsel for the petitioner states that the petitioner is a student that he is undergoing studies outside the state and that his presence may not be insisted upon before the trial court. It is for the petitioner to file an application under Section 205 Cr.P.C before the trial court. If such an application is filed, the learned Magistrate shall allow the same on such terms and conditions he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv