IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 CRL.MC.NO. 315 OF 2011() --------------------------------------- (CRIME NO.286 OF 2004, THRIKKAKARA POLICE STATION C.C. NO.1546 OF 2007, JUDICIAL FIRST CLASS MAGISTRATE COURT. ALUVA) PETITIONER(S): ------------------------- THANKAPPAN, S/O.KUNJAN, MANIKULANGARA VEEDU, NEAR THRIKKAKARA POLICE STATION, KAKKANAD P.O. BY ADV. SRI.P.F.FRANCIS RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, (SUB INSPECTOR OF POLICE, THRIKKAKARA), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BENNY @ VARGHESE, MEKKATTPARAMBIL HOUSE, PADAMUGHAL KARA, VAZHAKKALA VILLAGE. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.315 of 2011 ==================================== Dated this the 09th day of February, 2011 O R D E R Petitioner is accused in C.C. No.1546 of 2007 of the court of learned Judicial First Class Magistrate, Aluva arising from the final report filed on 30.12.2006 in Crime No.286 of 2004 (wrongly stated as 286/1984) of Thrikkakara police station for offences punishable under Sections 465, 466 and 471 of the Indian Penal Code. It is prayed in this petition that this Court may be directed to exempt petitioner from personal appearance before the learned Magistrate. Learned counsel submits that on account of physical disability to the extent of 100% petitioner is not able to appear before court. I have heard learned Public Prosecutor also. 2. In the light of the decision in TGN Kumar v. State of Kerala (2011 [1] KHC 142) there could be no general direction in that regard. It is for the learned Magistrate to decide the application if preferred seeking exemption from personal appearance having regard to the facts and circumstances of the case. CRL.M.C. No.315 of 2011 -: 2 :- Hence this Criminal Miscellaneous Case is closed with liberty to the petitioner to move appropriate application before the learned Magistrate. If any such application is preferred learned Magistrate shall consider the same and pass appropriate orders thereon as provided under law. THOMAS P. JOSEPH, JUDGE. vsv