IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 4876 of 2008() ------------------------- C.C.NO.1110/99 OF J.F.C.M THIRUVALLA PETITIONER(S): --------------- SANTHAMA ABRAHAM,PALAMITTOM HOUSE KUNNUKUZHI P.O.,TRIVANDRUM 695 037. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4876 of 2008 ---------------------------------------- Dated this the 2nd day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Sections 120B and 420 I.P.C. Investigation is complete. Final report has already been filed. Charges have not been framed. According to the petitioner, she is absolutely innocent and the allegations raised against her are groundless. In these circumstances, it is submitted that the prosecution against the petitioner is not justified at all. The learned counsel for the petitioner further submits that the petitioner shall be satisfied if identical directions as were issued in favour of a co-accused by Annexure 3 order by another Bench of this court were issued in favour of the petitioner herein also. By the said order Annexure 3, the said co-accused was permitted to advance the plea for discharge under Section 239 Cr.P.C and it was directed that her personal presence need not be insisted for hearing and disposal of the said application for discharge. I am satisfied that an identical direction can be issued in favour of the petitioner herein also. Crl.M.C.No.4876/08 2 2. In the result, this petition is dismissed but with the specific observation that the petitioner shall be permitted to appear through counsel before the learned Magistrate and advance her plea for discharge under Section 239 Cr.P.C. If the petitioner is represented by a counsel, her personal presence need not be insisted by the learned Magistrate till the question of discharge is considered and appropriate orders passed. Only if it is found that charges are liable to be framed against the petitioner, need the personal presence of the petitioner be insisted. Till then, she shall be permitted to appear through counsel before the court below. (R.BASANT, JUDGE) jsr Crl.M.C.No.4876/08 3 Crl.M.C.No.4876/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008