IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Crl.MC.No. 856 of 2008() ------------------------ PETITIONER: 2ND ACCUSED ----------------------- UMA RAI, W/O.RAVEENDRA RAI, SIVA KRIPA, KAPPIVALAPPU, ANANKUR, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 856 of 2008 * * * * * * * * * * * * * * * * * * Dated: 27-02-2008 ORDER Petitioner, a lady, is the 2nd accused in Crime No. 365 of 2000 of Kasaragod Police Station registered for an offence punishable under Sec. 55(a) of the Abkari Act. The case of the prosecution is that on 22-07-2000 the petitioner along with her husband were found in joint possession of 5500 packets of Karnataka made arrack each packet containing 100 ml. in the out house in front of their residential house. 2. After committal, the case is now pending before the Assistant Sessions Court, Kasaragod as S.C. No. 388 of 2004. Admittedly, that court has framed charge not only against her husband who is the first accused but also against the petitioner. The petitioner has not been able to successfully plead for a discharge before that court. Hence, the only course now open to the petitioner is to face the trial. Being a lady, if the petitioner files an application for personal exemption, the same shall be considered favourably by the trial court, in case, no question of identity arises for consideration . Personal appearance of the petitioner shall be insisted only if it is inevitable at any stage of the trial. V. RAMKUMAR, (JUDGE) ani.