IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Crl.MC.No. 38 of 2006() ----------------------------------- AGAINST THE ORDER DATED IN ST.NO.3160/2004 IN CC.NO. 847/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED ------------------------------------------ A.B.JYOTHIKUMAR, S/O.ANANTHAN PILLAI, PERINGOTTU VEEDU, CHEMMARUTHI MUKKU, NAGAROOR P.O., KILIMANOOR. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE BY ADV.SRI.T.RAMPRASAD UNNI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.SASIKUMAR, S/O.MADHAVAN PILLAI, PRIYA BHAVAN, CHOOTTAYIL P.O., KILIMANOOR. 3. GODAVARMA, MANAGER, R.R.V. SCHOOLS, KILIMANOOR PALACE, CHOOTTAYIL P.O., KILIMANOOR. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA R2 BY ADV. SRI.B.RAMAN PILLAI SRI.GEORGE PHILIP SRI.R.ANIL SRI.RAJU RADHAKRISHNAN SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS R3 BY ADV.SRI.J.JAYAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.38/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE LAWYERS NOTICE DATED 16/11/2004 SENT TO THE 2ND RESPONDENT. ANNEX B COPY OF THE REPLY NOTICE RECEIVED BY THE PETITIONER FROM R2 DATED 29/11/04. ANNEX C COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE JFCM COURT-II, ATTINGAL. ANNEX D COPY OF THE COMPLAINT FILED BY R2 BEFORE JFCM COURT-II, ATTINGAL. ANNEX E COPY OF THE PROCEEDINGS OF THE JFCM COURT-II, ATTINGAL IN CMP . NO.463 OF 2005 . RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.38 of 2006 - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. O R D E R Heard the learned Senior counsel for the petitioner, the learned counsel counsel for respondent Nos. 2 and 3 and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 847 of 2005 on the file of the Judicial First Class Magistrate, Attingal for offences punishable under Sections 467 and 468 r/w Section 34 IPC. I am not inclined to quash the charge at this stage. It is open to the petitioner to plead for a discharge. If such an application is filed along with the relevant documents within one month from today, the learned Magistrate shall pass a reasoned order on the same. The learned counsel for the petitioner states that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C before the trial court , the same shall be allowed on such terms and conditions learned Magistrate deems fit and he shall be permitted to plead for a discharge in absentia. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv