IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 3754 of 2011() ------------------------------------- CC.443/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, ALUVA .................... PETITIONER/2ND ACCUSED ----------------------------------------- SHYJI SAJI, AGED 31 YEARS, W/O.SAJI JOSE, ELAVAMKUDY HOUSE, KARAYAMPARAMBU (P.O), KARUKUTTY, ANGAMALY. BY ADV. SMT.G.VIDYA RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3754 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1- TRUE COPY OF FINAL REPORT IN C.C.NO.443/2007 OF THE FILES OF JFCM COURT NO.II, ALUVA. ANNEXURE A2- TRUE COPY OF THE DEPOSIT RECEIPT ISSUED BY THE IST ACCUSED DATED 10.10.2005. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3754 of 2011 ----------------------------------- Dated this the 23rd day of November 2011 O R D E R Petitioner is the 2nd accused in C.C.No.443/2007 of J.F.C.M.-II, Aluva. The offence alleged against her and the first accused is under Sec.420 r/w 34 IPC. It is stated that the charge has already been framed. Learned counsel for the petitioner submits that even as per the allegation in the complaint she was only the Branch Manager of the chitty company by name “Puthanangady Group International” and that the entire allegations are against the first accused only but A2 was roped in only because she was the Branch Manager. This petition is filed to direct the learned Magistrate to grant her exemption from personal attendance. In the light of what has been stated above, this Crl.M.C. is disposed of with the following directions :- Crl.M.C. No.3754 of 2011 -: 2 :- The petitioner will file an application for that purpose before the learned Magistrate on the next hearing date. The petitioner will convince the learned Magistrate of the facts mentioned earlier and if the petitioner undertakes that she will appear before the court on the date to which the case is posted for recording evidence and also on the date the case is posted for questioning the accused, then certainly the learned Magistrate will consider her application and will pass appropriate orders. N.K.BALAKRISHNAN, JUDGE. Jvt