IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Crl.MC.No. 2531 of 2010() ------------------------- CC.1044/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): --------------- 1. NARAYANAN NAIR, S/O.GOVINDA PILLAI, AGED 79, MADATHIL HOUSE, KODUKULATHI KARODE MURI, VENMANY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. JYOTHISH, S/O.NARAYANAN NAIR, MADATHIL HOUSE, KODUKULATHI KARODE MURI, VENMANY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 3. MADHU, S/O.PONNAMMA, MADATHIL HOUSE, KODUKULATHI KARODE MURI, VENMANY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 4. RAJEEV, NAMBIYATH KIZHAKKATHIL HOUSE, PULIYOOR, ALAPPUZHA DISTRICT. 5. THANKAMMA, MADATHIL HOUSE, KODUKULATHI KARODE MURI, VENMANY VILLAGE, CHENGANNUR TALUK. 6. PONNAMMA, MADATHIL HOUSE, KODUKULATHI KARODE MURI, VENMANY VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV Crl.MC.No. 2531 of 2010 :2: RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KRISHNANKUTTY, S/O.KARTHIYAYANI AMMA, VETTIYIL HOUSE, KODUKULATHI KARODE, VENMANY VILLAGE, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2531 of 2010 -------------------------------------- Dated this the 7th day of July, 2010 ORDER Petitioners, who were accused in Crime No.61/2009 of Venmani Police Station for offences punishable under Sections 143, 147, 149, 447, 188, 427, 294(b) and 506(1) read with 149 IPC and now pending before the J.F.C.M Court-I, Chengannur as C.C.No.1044/2009 seek to quash all proceedings pending against them. 2. Admittedly, the learned Magistrate after framing charge has posted the case for prosecution evidence. Since the trial has already started before the learned Magistrate, this Court will not be inclined to quash the proceedings against the petitioners. If a question of identity does not arise for consideration during the trail, petitioners may file a petition for personal exemption incorporating appropriate averments. If such a petition is filed, the learned Magistrate shall consider the same and pass favourable order exempting the petitioners from personal appearance unless their personal appearance is inevitable at any subsequent stage of the trial. Reserving the above right of the petitioners, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb