IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 2620 of 2010() ------------------------- CC.221/2007 of J.F.C.M COURT, KOTHAMANGALAM .................... PETITIONER(S): ACCUSED ---------------------- K.P.THANKAMMA, AGED 62 YEARS, W/O.KUNJAPPAN, VENMANI, KALAPURACKAL HOUSE, KEERAMPARA.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2620 of 2010 -------------------------------------- Dated this the 12th day of July, 2010 ORDER Petitioner, who is the sole accused in Crime No.569/2005 of Kothamangalam Police Station and now pending before the J.F.C.M Court, Kothamangalam as C.C.No.221/2007 for offences punishable under Sections 420 and 409 IPC seeks to quash the proceedings. 2. Admittedly, the petitioner either did not plead for a discharge or was unable to get a discharge at the appropriate stage. The trial of the case has started after the Court has framed the charge. This Court will be loath to quash the proceedings at this stage of the trial. Since a question of identity does not arise for consideration during trial, the petitioner may file an application for personal exemption incorporating appropriate averments. In case the petitioner files such an application before the trial court incorporating appropriate averments, that Court shall consider the same favourably and shall not insist Crl.M.C. No.2620 of 2010 : 2 : upon the personal appearance of the petitioner during trial unless it is inevitable at any subsequent stage of the trial. Reserving the above right of the petitioner this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb