IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.Rev.Pet.No. 766 of 2008() ----------------------------- AGAINST THE ORDER DATED 14/08/2007 IN CMP 2778/2007 IN CC.190/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... REVN. PETITIONER: PETITIONER ---------------------------- VINOD KUMAR,S/O.GOPALAN NAIR AGED 36 YEARS,ALULLAKANDIYIL HOUSE M.L.A. ROAD, KUNNAMANGALAM. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: ---------------------- STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE,KUNNAMANGALAM, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.766 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 ORDER The petitioner, who is the 13th accused in C.C.No.353 of 2006 on the file of the J.F.C.M-II, Thamarassery for offences punishable under Sections 143,147,148 and 427 read with 149 IPC and Section 3(2)(e) of PDPP Act, seeks to set aside Annexure 3 order passed by the Magistrate dismissing the petition filed by the petitioner for discharge. Consequence of Annexure 3 order is that the petitioner will have to face the trial . The petitioner has a contention that the co-accused in the case were acquitted after trial as per the judgment dated 29.10.01 in C.C.No.353 of 2000. Since the petitioner was absconding, the case against him was split up and refiled the case as C.C.No.190 of 2006, where he will have to face trial. In as much as the petitioner is stated to be abroad, he seeks permission to face the trial in absentia. He can be granted personal exemption during trial on condition that he files an affidavit before the trial court undertaking that he will not raise Crl.R.P.No.766 of 2008 2 any dispute regarding his identity during the trial. In case such an affidavit is filed, the petitioner shall be permitted to represent through his counsel. The personal appearance of the petitioner shall not be insisted unless it is inevitable during any stage of trial. V. RAMKUMAR, JUDGE sj