IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1932 of 2010() -------------------------------------- (C.C.660/2008 OF J.F.C.M.COURT II, PERINTHALMANNA) .... (CRIME NO.264/2006 OF MELATTUR POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ NOUSHAD, S/O.ABDULLA, ALANALLOOR AMSOM DESOM, PALAKKAD DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.264/2006 OF MELATTUR POLICE STATION) BY PUBLIC PROSECUTOR SRI. C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ----------------------------------------- Crl.M.C.No.1932 of 2010 ------------------------------------------ Dated this the 3rd day of June, 2010 ORDER The petitioner who was the second accused in Crime No.264/2006 of Melattur Police Station and which was tried before the Judicial Magistrate of the First Class-II, Perinthalmanna in C.C.No.498/2006 for an offence punishable under Sections 143, 147, 341 & 294 (b) read with Section 149 I.P.C. absconded when the trial of the case reached the stage of examination under Section 313 Code of Criminal Procedure. Thereupon the case against him was re-filed as C.C.No.660/2008. The remaining accused persons faced trial in C.C.No.498/2006 and the case ended in their acquittal as evidenced by Annexure A judgment dated 11/6/2008. Non- bailable warrants are pending against the petitioner. According to the petitioner since he had secured employment abroad, he was unable to stand the trial of C.C.No.498/2006 from the stage of examination under Section 313 Code of Criminal Procedure. He therefore prays for trial of C.C.No.660/2008 in absentia and to permit him to be represented by his counsel. Crl.M.C.No. 1932/2010 : 2 : 2. In case the petitioner files a petition for personal exemption incorporating appropriate averments within ten days from today the same shall be allowed notwithstanding the pendency of any non-bailable warrants and the learned Magistrate shall not insist on the personal appearance of the petitioner for the trial of C.C.No.660/2008 unless it is absolutely necessary at the stage of pronouncement of the judgment. The warrants, if any, pending against the petitioner shall stand recalled. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj