IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 Crl.Rev.Pet.No. 964 of 2009() ----------------------------- C.C.NO.312/07 ON THE FILE OF THE JFCM-II, KANJIRAPPALLY REVN. PETITIONER(S): ACCUSED 1 -------------------------------------------------------- SALIN C.NARAYANAN, CHORIYAM MAKKAL VEEDU KURIVIKKOODU BHAGAM, ELIKKULAM KARA, ELIKKULAM VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): STATE --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MOHAMMED THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.964 of 2009 = = = = = = = = = = = = = = Dated this the 19 th day of March, 2009 ORDER Petitioner, who is the 1st accused in C.C.No.312/2007 on the file of the J.F.C.M-II, Kanjirappally for offences punishable under Sections 143,120B,465,468,471 and 420 read with 149 IPC challenges the order dated 28.11.2008 passed by the learned Magistrate dismissing the application filed by the petitioner for discharge. 2. The petitioner and the other accused persons were permitted by this Court as per Annexure III order dated 18.8.08 in Crl.M.C.No.3124/2008 to plead for a discharge in absentia. The impugned order has been passed pursuant to the said permission. The learned Magistrate has found a prima facie case for framing of charge against the accused persons after holding that there is no sufficient ground to arrive at a conclusion that the charge against the accused persons are groundless. 3. I am not entering into the merits of the case, since that may produce one party or other during the trial of the case. Crl.R.P.No.964 of 2008 2 Suffice it to say that the court below having found a prima facie case for framing charge, the remedy of the petitioner is to face the trial. The accused may apply to the Magistrate for personal exemption and in case the learned Magistrate is satisfied about the claim for personal exemption, I am sure that the learned Magistrate will not insist on their personal appearance before the court below unless a question of identity arises for consideration. 4. The petitioner and the other accused may apply for personal exemption, not withstanding the warrants, if any, pending against them. This Crl.R.P is disposed of as above. Dated this the 19 th day of March, 2009. V. RAMKUMAR, JUDGE sj