IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3376 of 2010() ------------------------- CC.104/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ---------------------------------------------------- JOSE THOMAS, AGED 46 YEARS, S/O.THOMAS, MULLANKKATTIL VEEDU, EETTICHUVADU, ANGADI, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.3376 of 2010 = = = = = = = = = = = = = = = Dated:16.08.2010 ORDER Petitioner who is facing trial before the J.F.C.M-II, Pathanamthitta in C.C.No.104/2007 seeks a direction to the said Magistrate to exempt him from personal appearance in the subsequent stages of trial since the petitioner was constrained to go abroad to join duty in the new employment. 2. If the petitioner files an application before the court below incorporating the necessary averments to the effect that he may be permitted to be represented through his counsel and he shall not subsequently challenge the trial procedure during his absence and that he will not raise any question of identity , the learned Magistrate shall favourably consider the said application and exempt him from personal appearance. His personal attendence shall not be insisted unless it is inevitable to do so. Examination under Section 313 Cr.P.C shall be conducted by resort to Section 313(5) Cr.P.C instead of putting questions to the petitioner's counsel. This Crl.M.C. is disposed of as above Dated this the 16th day of August, 2010 V. RAMKUMAR, (JUDGE) sj