IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.MC.No. 3118 of 2011 -------------------------------- CC.619/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER/ACCUSED NO.2: SAHADEVAN, S/O.CHAMI, H.NO.XXI/56, VENNAKKARA, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3118/2011 ANNEXURE-A1 TRUE COPY OF THE APPLICATION PENDING AS CMP 4845/2011 OF JFCM-I PALAKKAD /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3118 of 2011 ------------------------------------------- Dated this the 10th day of October, 2011 ORDER Petitioner is the second accused in C.C.No.619/2004 of Judicial First Class Magistrate Court-I, Palakkad. Offences alleged against the petitioner are under Sections 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act. It is stated that petitioner has filed an application before the learned Magistrate for exemption under Section 205 of Code of Criminal Procedure. Learned counsel submits that learned Magistrate may be directed to dispose of the application taking into account the fact that petitioner is working in Delhi. 2. It is seen that the case was of the year 2004. Seven years have elapsed. The contention that presence of the petitioner is not required since his identity will not be disputed cannot be accepted as such. Whether presence of the accused is required or not will be considered by the learned Magistrate. Learned Magistrate will dispose of the application in the light of the decision of the Apex Court in TGN Kumar v. State of Kerala (2011 (1) KHC 142). Learned Magistrate will take up the matter on 21.10.2011. Until otherwise directed, physical presence of the accused need not be insisted till the disposal of the application for personal exemption. This petition is disposed of as above. (N.K.Balakrishnan, Judge) tkv