IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1667 of 2008() ------------------------- CC.144/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ---------------------------- PRASAD K.S., S/O/SHANGU, AGED 43 YEARS, KOTAKKAL VEEDU, EDAKOCHI IN FRONT OF AYYAPPA TEMPLE, BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1667 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 ORDER Petitioner, who is the 12th accused in Crime No.144/1999 of Harbour Police Station for offences punishable under Sections 143,147,148,427,283,188 and 120B read with 149 IPC and Section 3 (2)(e) of the Prevention of Damage to the Public Properties Act, seeks a direction to the J.F.C.M-I, Ernakulam to dispose of C.C.No.144/2007 against the petitioner. 2. According to the petitioner, the co-accused in the case were tried and acquitted as per judgment dated 17.01.07 in C.C.No.88 of 2001 on the file of the J.F.C.M, Ernakulam. Petitioner cannot seek a direction for disposal of his case expeditiously to suit his convenience. However, if the petitioner files an undertaking before the court below that the he will not raise any question of identity during trial and applies for personal exemption, the learned Magistrate shall not insist on the personal appearance of the petitioner during trial, unless it is inevitable during any particular stage of trial. The petitioner may also take advantage of the acquittal of the co-accused in the case. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj