IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Crl.MC.No. 2760 of 2011() ------------------------- CC.No.1198 of 2007 IN KALPAKANCHERI POLICE STATION CRIME NO.226 OF 2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT - 1, TIRUR .................... PETITIONER(S): ACCUSED NO.1 --------------------------- BEENA, D/O.VELAYUDHAN, AGED 28 YEARS, MEDAKUNNU MALAYIL HOUSE, KAKODI, MUTTOLIL, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, VALANCHERY BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C. RASHEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2011, ALONG WITH CRMC NO. 2904 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2760 of 2011 APPENDIX PETITIONER'S ANNEXURES: A : CERTIFIED COPY OF THE CHARGE SHEET IN KALPAKANCHERI POLICE STATION CRIME NO.226/2007 WITH ENGLISH TRANSLATION. B : TRUE COPY OF THE MEDICAL EXAMINATION REPORTS OF THE SECOND AND THIRD ACCUSED IN KALPAKANCHERY POLICE STATION CRIME NO. 226/2007 C : TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 16.06.2011 REPORTED IN 2011 (2) KHC 958 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 2760 & 2904 of 2011 ------------------------------------------ Dated this the 21st day of November, 2011 ORDER These petitioners are the 1st and 3rd accused in CC.1198/07 of JFCM – I, Tirur. The learned counsel for the petitioners submits that the petitioners may be permitted to argue for discharge in the court below and that the physical presence of the petitioners may be dispensed till the final order on the petition for discharge is disposed of. The learned Magistrate will hear the counsel appearing for A1 to A3 when the application for discharge is filed till then the physical presence of the accused need not be insisted. This petition is disposed of as above. N.K. BALAKRISHNAN, JUDGE smvd