IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1979 of 2010() ------------------------- CC.367/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): PETITIONER IN CMP NO.5761/2005 --------------------------------------------- DEEPA VARGHESE, W/O.K.P.VARGHESE, AGED ABOUT 36 YEARS, WELGATE GARDENS, KURAVANKONAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): COUNTER PETITIONER/COMPLAINANT --------------------------------------------- 1. BABY SAMYUKTHA, AGED ABOUT 45 YEARS, D/O.LAKSHMIKUTTY, KOILLAMMURIYIL HOUSE, KAPPIL WEST, KRISHNAPURAM, FROM RADHA NIVAS, KAPPIL WEST, KRISHNAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1979 of 2010 * * * * * * * * * * * * * * * * * * Dated: 8th day of June, 2010 ORDER Petitioner , a lady who is the accused in C.C. No. 367 of 2007 on the file of the J.F.C.M., Kayamkulam which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 filed C.M.P. 15175 of 2010 under Section 205 Cr.P.C. for personal exemption during the trial of the said case. The said application has been rejected by the learned Magistrate as per the impugned order dated 20-1-2010. In the light of the decisions of this Court in Jain Babu v. Joseph - 2008 (4) KLT 16 and Raju v. State of Kerala - 2009 (3) KLT (SN) 45, the Court below should have liberally exercised the power under Section 205 Cr.P.C., particularly, in the case of a lady. The petition filed by her shall stand allowed with duty to appear before the Court at any stage of the trial in case circumstances warrant the same. V. RAMKUMAR, (JUDGE) ani.