IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Crl.MC.No. 935 of 2008() ------------------------ AGAINST THE ORDER DATED 25/10/2007 IN CMP. 5385 /2007 IN CC.219/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: ---------------------- CHALIL CHATHOTH MUHAMMED ASHIFF, S/O. DAYYAROTH ABU, AGED 23 YEARS, RESIDING AT BISMILLA MAHAL, PALLIKKARA, P.O. VARAM, VALIYANNUR AMSOM, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: -------------------------------- STATE OF KERALA, S.H.O. KANNUR TOWN POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.935 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of March, 2008 ORDER Heard both sides. 2. The order dated 25.10.07 in C.M.P.No.5385 of 2007 in C.C.No.219 of 2006 pending before the J.F.C.M- I, Kannur is set aside, since the trial of C.C.No.219 of 2006 is virtually over and what remains is the examination of accused under Section 313 (1)(b) Cr.P.C and the disposal of the case. I see no reason why the prayer for exemption made by the petitioner- accused under Section 205 Cr.P.C should not be granted. 3. Accordingly, C.M.P.No.5385 of 2005 filed by the petitioner before the court below shall stand allowed and the petitioner shall be permitted to be represented through his counsel for the rest of the trial. It is made clear that the petitioner shall not be entitled to raise any question of identity. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj