IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 Crl.MC.No. 4345 of 2010() ------------------------- CC.1115/1999 OF JUDL.FIRST CLASS MAGISTRATE COURT, THIRUVALLA .................. PETITIONERS / ACCUSED : ------------------------------------- 1. T.G.ALEXANDER S/O.GEORGE, THOTTUMUKHATU HOUSE, PNRA. P8, PRIYADARSHINI JUNCTION, PANGUMMODU, THIRUVANANTHAPURAM 2. ANNAMMA ALEXANDER, W/O.MR.T.C.ALEXANDER, THOTTUMUKHATU HOUSE, NALANJIRA, THIRUVANANTHAPURAM BY ADV. SRI. V. PHILIP MATHEW RESPONDENT : -------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2010, ALONG WITH CRL.M.C NO. 4346/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4345 &4346 OF 2010 =========================== Dated this the 28th day of October,2010 ORDER Petitioners are the accused in C.C.1115/1999 and 1129/1999 on the file of Judicial First Class Magistrate Court, Thiruvalla. Petitions are filed for a direction to the Magistrate to consider the petition for discharge to be filed by them without insisting for their personal presence contending that by Annexure 3 order in Crl.M.C.3620/2008 and earlier in Crl.M.C.218/2008 such permission was granted. 2. Learned counsel appearing for petitioners and learned Public Prosecutor were heard. 3. Petitioners have not so far appeared before the learned Magistrate and applied for Crl.M.C.4345 & 4346/2010 2 bail. Once petitioners appear and released on bail, they are entitled to file an application under section 205 of Code of Criminal Procedure to dispense with their presence, for the purpose of claiming discharge as provided under section 239 of Code of Criminal Procedure. If such applications are filed, learned Magistrate not to insist for the presence of petitioners for the purpose of filing the application under section 239 of Code of Criminal Procedure or claiming discharge. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006