IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1381 of 2008 ------------------------- CC.63/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: ACCUSED: -------------------- RENJITH.S., RAJAN, AGED 23, S/O.SOMARAJAN, ERANNUR HOUSE KURIANOOR P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.N.SASI RESPONDENTS: ------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR,. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1381 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of April , 2008 ORDER The petitioner, who is the accused in C.C.No.63/2006 on the file of the Judicial First Class Magistrate-I, Pathanamthitta for offences punishable under Sections 147, 148,332 and 427 read with Section 34 of the Indian Penal Code, moved the Magistrate for personal exemption during trial under Section 205 Cr.P.C. on the ground that he is employed abroad and also on the ground that the co-accused had already been acquitted after trial as per judgment dated 20-1-2006 in C.C.No.491/2005 of the very same court. The learned Magistrate rejected the said prayer as per Annexure A-3 order dated 5-6-2007. 2. I see no reason why the petitioner should not be permitted the benefit of personal exemption during trial since the co- accused in the case have already been acquitted after trial and 2 there is no reasonable prospect of the prosecution getting a conviction, if the quality of evidence going to be adduced in the case will be of the same quality as was adduced in C.C.No.491/2005. 3. Hence, if the petitioner makes an undertaking before the court below to the effect that he will not raise any question of identity during trial, the learned Magistrate shall grant personal exemption to the petitioner and shall not insist on his personal appearance before the court during trial, unless the same is inevitable at any stage of trial. The petitioner shall also surrender within two weeks from today before the Magistrate and file an application for regular bail. In case, the petitioner complies with the said condition, he shall be released on bail on appropriate conditions notwithstanding the pendency of the non-bailable warrant, if any, against him. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.