IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Crl.MC.No. 2198 of 2006() ------------------------- S.C.NO.1203 OF 2005 ON THE FILE OF THE SESSIONS COURT, PALAKKAD PETITIONER: 1ST ACCUSED: ---------------------------------------------- C. RAMAVARMA THAMPAN, S/O. A.P.G. NAMBOODIR, HOUSE NO.10/1078, `LAKSHMI' CHERTHALA. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.42/98 VALAYAR POLICE STATION). BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2198 of 2006 = = = = = = = = = = = = = = = = = Dated this the 10 th day of April, 2008 ORDER The petitioner, who is the 1st accused in S.C.No.1203 of 2005 on the file of the Sessions Court, Palakkad for an offence punishable under Section 304 IPC, seeks to set aside the FIR and final report in the above case or in the alternative to exempt the petitioner from appearing before the court below. 2. The petitioner, subsequently produced a medical certificate dated 26.3.08 issued by the CARE hospital, Secunderabad. A perusal of the said medical certificate shows that the condition of the petitioner is very precarious. In a separate application filed as Crl.M.A No.1905/2008, the petitioner has stated as follows:- “ The petitioner is not disputing his identity as the 1st accused in the case and a counsel on his behalf would be present in court and he has no objection in taking evidence in his absence and the answers under Section 313 of Cr.P.C given by his counsel would be binding on the petitioner.” 3. Since the Medical Certificate shows that the petitioner's Crl.M.C.No. 2198 of 2006 2 vocal cords are also affected and he has mild Renal failure, besides Congestive Cardiac failure with lack of voice, I see no reason why the petitioner should not be permitted to plead for personal exemption during the trial of the above case. Accordingly, this Crl.M.C is disposed of directing the Sessions Judge, Palakkad not to insist on the personal appearance of the petitioner during trial of S.C.No.1203/2005, even for the examination of the petitioner under Section 313 Cr.P.C, unless his personal appearance is found inevitable at any stage of the trial of the case. V. RAMKUMAR, JUDGE sj