IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Crl.MC.No. 1183 of 2006 --------------------------------------- (To quash the Annexure 4 Charge proceedings in Crime No.321/2005 of Judicial First Class Magistrate Court-III, Punalur) PETITIONER / ACCUSED NO.1 --------------------------------------------------- C.DEVIKA RANI, AGED 49, D/O LATE S.RAMACHANDRAN PILLAI, CHITHRALAYAM, KACHERI ROAD, PUNALUR MURI, PATHANAPURAM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENT : STATE & COMPLAINANT ------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KOSHY, AGED 68, S/O KIRIYAN, BUSINESS, VALIYAZHIKATHU HOUSE, THOLIKODU MURI, PUNALUR VILLAGE, PATHANAPURAM. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1183 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December 2009 ORDER Petitioner and five others have been arraigned as accused in Crime No.321/2005 of Punalur Police Station. The gravamen of the charge against the accused appears to be that they had trespassed into the rented premises that was being occupied by the brother of the defacto complainant, and committed theft and caused damage to furniture, and equipments and machineries used for printing purposes. 2. According to the Police, the accused had committed the above crime at about 9.30 p.m. on July 16, 2005. Respondent No.2, the defacto complainant, was in charge of the printing press which was being run by his deceased brother. Annexure 4 is the final report submitted by the police before the Judicial Magistrate of First Class-III Punalur after completing investigation. 3. It is contended by the petitioner, who has been arraigned as accused No.1 in the crime, that she has been implicated in the case without any justification. She further contends that the Police had registered the crime on the basis of the false information furnished by respondent No.2 and also suppressing the pendency of two civil suits in respect of the Crl.M.C.No.1183 OF 2006 :: 2 :: building in question. Annexures A1 and A2 are stated to be true copies of the interim orders passed by the Munsiff's Court, Punalur in O.S.294/05 and O.S.318/05. 4. I do not propose to refer to or deal with the various contentions raised by the petitioner at this stage. In my view, petitioner has to necessarily raise all her contentions before the court below. It will be open to the petitioner to plead for discharge. If such a request is made, the court below shall consider the same and pass appropriate orders in accordance with law. 5. Since the petitioner is a lady, I am of the view that her personal appearance before the court on all hearing dates can be dispensed with. If such a request is made, the learned Magistrate shall allow her to be represented by a counsel except on days when her personal appearance is absolutely necessary for the disposal of the case. Criminal M.C. is disposed of in the above terms. (A.K.BASHEER, JUDGE) jes