IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.Rev.Pet.No. 695 of 2008 ----------------------------- CC.748/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... REVN. PETITIONER: ACCUSED ------------------------- 1. THOMSON MATTAKKAL, VALANJAVATTOM P.O. MATTAKKAL HOUSE, THIRUVALLA. 2. RANI,W/O.SIJO K.VARGHESE KANNADAM HOUSE, KATHUMKAL, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: ------------- 1. S.I. OF POLICE, KUDIYANMALA POLICE STATION, KANNUR. 2. TH STATE OF KERALA REPESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 3. BINDU ALLOSYOUS,D/O. M.V.ALLOSYOUS MAMPUZHA HOUSE, CHEMBERI P.O.,KANNUR DISTRICT. BY PUBLIC PROSECUTORMR. M.S BREEZE THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No. 695 of 2008 = = = = = = = = = = = = = = Dated this the 14th day of March 2008 ORDER petitioners,who are accused Nos. 5 and 4 respectively in C.C.No.748/2006 on the file of the Judicial First Class Magistrate Court, Thaliparamba for offences punishable under Sections 403, 406, 420 and 498A of the Indian Penal Code, seek to quash Annexure-4 order dated 13-12-2007 passed by the Magistrate framing the court charge against the petitioners and others. 2. It is too early to consider whether the accusation against the petitioners is true or false. Petitioners are the uncle and sister of Ajay, the first accused, who is the husband of the de facto complainant Bindu Allosyous who is the third respondent herein. The only course now open to the petitioners is to seek exemption from regular appearance before the court below in CRRP 695/2008 -2- case the question of identity does not arise during the trial before that court. Accordingly, if the petitioners file an application for exemption from personal appearance before the Magistrate and give an undertaking that they will not raise the question of identity at any stage of trial, that court shall give the petitioners exemption from personal appearance during trial unless the personal appearance of the petitioners is found inevitable at any stage of trial. With this liberty to the petitioners, this Crl.R.P. is disposed of . V. RAMKUMAR, JUDGE ks.