IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Crl.MC.No. 3205 of 2010() ----------------------------------- CC.346/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED NO. 2 & 12 ------------------------------------------------------ 1. M.V.RAGHAVAN, C.M.P.GENERAL SECRETARY, BURNASSRY P.O. KANNUR. 2. PATYAM RAJAN, EX.M.P.,PATHAYAKUNNU P.O. KANNUR. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA SMT.S.MEERA RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ====================== Crl.M.C. No. 3205 of 2010 ========================= DATED: 06.08.2010 O R D E R Petitioners, who are accused nos. 2 and 12 in Crime No. 475/2007 of Kannur Town Police Station for offences punishable under Sections 143, 147,. 341, 506(i) read with 149 IPC and Section 38 read with Section 52 of the Kerala Police Act, and whose case is now pending before the J.F.C.M Court-I, Kannur as C.C. No. 346/2008, seek to quash the proceedings. 2. Admittedly after the learned Magistrate took cognizance of the offences, the charge has also been framed against the petitioners and the trial of the case has therefore started and now the only course open to the petitioners is to face the trial. I am inclined to permit the petitioners to apply for personal exemption during trial, in case they incorporate the necessary averments in that behalf before the Magistrate. Accordingly this Crl.M.C. is disposed of permitting the petitioners to file an application for personal exemption. In case they file an application for personal exemption put incorporating the necessary averments the learned Magistrate shall not insist on the personal appearance of the petitioners unless it is inevitable to do so during the subsequent stages of the trial. V.RAMKUMAR, JUDGE ln