IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 1429 of 2011() ------------------------- CC.457/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER(S): 3RD ACCUSED ------------------------------------ ANIYAMMA,W/O.BABY THOMAS,PUTHAYATH HOUSE THIDANAD KARA,KONDOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA,ERNAKULAM - 31. 2. SUB INSPECTOR OF POLICE,THIDANAD POLICE STATION, KOTTAYAM DISTRICT. 3. FEDERAL BANK, ARUVITHARA BRANCH, REPRESENTED BY ITS MANAGER, FEDERAL BANK, ARUVITHARA BRANCH, ERATTUPETTA - 686 121. R1 & R2 BY PUBLIC PROSECUTOR SRI. B. VINOD R3 BY ADVS. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.1429/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF CMP NO.3998/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA. ANNEXURE A2:COPY OF THE FINAL REPORT IN ANNEXURE A1. ANNEXURE A3:COPY OF NOTICE DATED 26/02/2010. ANNEXURE A4:COPY OF NOTICE DATED 04/03/2010. ANNEXURE A5:COPY OF NOTICE DATED 27/03/2010. ANNEXURE A6:COPY COMPLAINT OF THE HUSBAND AGAINST THEN MANAGER OF THE THIRD RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. ------------------------------------------------- Crl. M.C No.1429 OF 2011 ------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is the 3rd accused in Crime No.156/2010 of Thidanad Police Station for offences punishable under Sections 415, 420 read with 34 IPC and now pending before the Judicial First Class Magistrate's Court, Erattupetta. I am not inclined to quash the proceedings at this stage. It is open to the petitioner to file appropriate application before the trial court. Learned counsel for the petitioner submits that petitioner is a lady her personal appearance may not be insisted upon. If the petitioner makes an application under Section 205 Cr.PC for dispensing her personal appearance the same shall be allowed on such terms and conditions the Magistrate deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge