IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2522 of 2010() ------------------------- CC.107/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): ACCUSED ---------------------- THARAPRASAD, S/O. SUDHARMAN, KOZHIPARAMBIL HOUSE, KAIPAMANGALAM P.O., IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): COMPLAINANT/STATE & DEFACTO COMPLAINANT ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, MATHILAKAM, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. VIJI, D/O. KAITHAVALAPPIL BASKARAN, ERIYAD VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2522 of 2010 -------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioner, who is the 1st accused in Crime No.328/2003 of Mathilakom Police Station for an offence punishable under Section 498A IPC and now pending before the J.F.C.M Court, Kodungallur as C.C.No.107/2010, seeks to quash the proceedings before the Magistrate and in the alternative seeks personal exemption under Section 205 Cr.P.C during the trial of the case. 2. The marriage between the petitioner and the de facto complainant was on 1.5.1994. The petitioner is presently employed abroad and he is desirous of resuming his employment. Since a question of identity does not arise for consideration during the trial, I see no reason why the petitioner should not be given the benefit of personal exemption under Section 205 Cr.P.C. If the petitioner files an application under Section 205 Cr.P.C before the Magistrate incorporating appropriate averments, the same shall be considered favourably by the Magistrate enabling the petitioner to resume his employment abroad. Reserving the above right of the petitioner, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb