IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 CRL.MC.NO. 1652 OF 2009() ------------------------------------- CC.531/1997 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER/1ST ACCUSED ---------------------------------------- SYAMA PRASAD, S/O. KUMARAN, SYAM NIVAS, MEENADU VILLAGE, CHATHANNOOR, KOLLAM DISTRICT. BY SRI.M.R.RAJENDRAN NAIR, SENIOR ADVOCATE, ADV. SRI.C.S.MANILAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SULEKHA, D/O. VASUDEVAN, KMC XIII/530, VADAKEMALIKAYIL, MUNDAKKAL VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR.B. JAYASURYA. R2 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs CRL.MC.NO. 1652 OF 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE PRIVATE COMPLAINT INSTITUTED BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA. ANNEXURE-II: COPY OF THE ORDER DATED 08/05/2001 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA IN C.C.531/1997. ANNEXURE-III: COPY OF THE ORDER DATED 17/02/2004 IN CRL.MC.3661/2001 AND THIS HONOURABLE COURT WAS PLEASED TO QUASH THE PROCEEDINGS. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1652 OF 2009 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard learned counsel for petitioner and learned Public Prosecutor. Petitioner is the 1st accused in CC 531/1997 on the file of Judicial First Class Magistrate Court, Varkala alleging offences punishable under Section 494, 114 and 34 of IPC. I am not inclined to interfere at this stage. Learned senior counsel appearing for the petitioner submits that petitioner is staying abroad and is not in a position to appear before the trial Court on each day for trial. Considering the above facts, it is open to the petitioner to approach the trial court for dispensing with his personal appearance. If the petitioner makes an application before the learned Magistrate under Section 205 Cr.PC on or before 07-09-2011 the same shall be allowed on such terms and conditions the learned Magistrate deems fit Crl.M.C is disposed of as above. Sd/ B.P. RAY, JUDGE. AMG True copy P.A to Judge