IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Crl.MC.No. 4469 of 2010() ------------------------------ CC.126/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): ------------------- SWAMI P. SUNIL DAS, S/O. PRABHAKARAN, AGED 48 YEARS, CHAIRMAN, SNEHAM CHARITABLE TRUST, MUTHALAMADA, CHITTOOR TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------------- 1. C.C. RAJAN, S/O. LATE CHAMI, AGED 60 YEARS, KIZHAKKUMPRAM KALAM, ALAMPARAMBIL, PERAMANGALAM, ALATHUR - 678 541 2. M. BIJU, S/O. MADHAVAN, AGED 34 YEARS, MANAGING PARTNER, SNEHAM AGRO MILLS, REGHU NIVAS, ERIMAYOOR, ALATHUR TALUK - 678 546. 3. STATE OF KERALA, RPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADVS. SRI.M.REVIKRISHNAN SRI.V.A.JOHNSON (VARIKKAPPALLIL) R3 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 4469/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE CRIMINAL COMPLAINT FILED BY THE PETITIONER AS C.C126/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR, DATED 05/08/2009. ANNEXURE B:COPY OF THE AGREEMENT EXECUTED BY THE 1ST RESPONDENT. ANNEXURE C:COPY OF THE AFFIDAVIT BY THE 1ST RESPONDENT DATED 16/03/2006. ANNEXURE D:COPY OF THE 'STAR OF ASIA AWARD” BY THE OOPEN INTERNATIONAL UNIVERSITY, KAULA LUMPUR, MALAYSIA, TO THE PETITIONER. ANNEXURE E:COPY OF THE “NEHRU AWARD” GIVEN BY THE NEHRU PEACE FOUNDATION, THIRUVANANTHAPURAM TO THE PETITIONER. ANNEXURE F:COPY OF THE PAPER PUBLICATION IN THE MATHRUBHOOMI DAILY, DATED 07/10/2007. ANNEXURE G:COPY OF THE ORDER IN DATED 11/10/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALAKKAD. ANNEXURE H:COPY OF THE ORDER IN CMP 2954/2007 DATED 18/10/2007. ANNEXURE I:COPY OF THE PHOTOGRAPH SHOWING THE INAUGURATION OF TRUST OFFICE IN 2007. ANNEXURE J:COPY OF THE PHOTOGRAPH SHOWING THE DISTRIBUTION OF MONTHLY PROVISION TO LEPROSY PATIENTS BY SNEHAM CHARITABLE TRUST, MUTHALAMADA IN 2005. ANNEXURE K:COPY OF THE PHOTOGRAPH SHOWING THE INAUGURATION OF THE SEWING UNIT FOR RURAL WOMEN AT THE TRUST, IN 2007. ANNEXURE L:COPY OF THE PHOTOGRAPH SHOWING THE FREE SEWING TRAINING CENTRE FOR TRUST POOR LADIES, IN 2006. ANNEXURE M:COPY OF THE PHOTOGRAPH SHOWING THE INAUGURATION OF 15 BEDDED HOSPITAL OF THE TRUST IN 2007 BY THE TRUST CHAIRMAN,SRI.P.SUNILDAS. ANNEXURE N:COPY OF THE PAPER PUBLICATION IN THE NEW INDIAN EXPRESS DAILY, DATED 01/12/2007. ANNEXURE O:COPY OF THE PAPER PUBLICATION IN THE NEW INDIAN EXPRESS DAILY DATED 22/12/2005. RSPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4469 of 2010 ----------------------------------- Dated this the 27th day of October 2011 O R D E R The offences alleged against the accused are under Secs.120B, 403, 405, 415, 424, 463, 468 and 503 IPC. The amount involved is stated to be Rs.45 lakhs. There are allegations of forgery and cheating. The allegations may be true or may not be true, but those are matters to be considered by the trial court. 2. The learned counsel for the petitioner submits that the personal attendance of the petitioner may be ordered to be dispensed with till the pre-charge evidence is over. The learned counsel for the respondents has stoutly resisted this submission and submits that unless the accused appears before the court, the purpose of the trial itself will be defeated. 3. However, it is for the petitioner to move the Crl.M.C. No.4469 of 2010 -: 2 :- learned Magistrate to have appropriate relief. If such applications are filed, that will be disposed of by the learned Magistrate after hearing the complainant and in accordance with law. Petitioner is at liberty to raise all his contentions before the learned Magistrate. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt