IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Crl.MC.No. 4798 of 2010() ------------------------------------ ST.480/2010 of CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA .................... PETITIONER/ACCUSED ---------------------------------- T.P. ABDULLA, S/O.AHMEEDKUTTY HAJI, AGED 60 YEARS, ANAPPARA HOUSE, THACHAMPOYIL, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR, SRI.DR.ABRAHAM P.MEACHINKARA. RESPONDENT/STATE -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R2 IMPLEADED ADDL. R2: XAVIER, AGED 66, S/O.VARKEY, THADATHIL HOUSE, MULLANPARA, OLD VYTHIRI, P.O. VYTHIRI, WAYANAD DISTRICT. * ADDITIONAL R2 IMPLEADED AS PER THE ORDER DATED 17/12/2010 IN CRL.MA.7934/2010 IN CRL.MC.4798/2010. R1 BY PUBLIC PROSECUTOR MR.PUZHAKKARA MUHAMED. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4798 of 2010 --------------------------------------- Dated this 02nd day of February, 2011 ORDER Petitioner is accused in Crime No. 18 of 2010 of Vythiri Police Station and S.T.No.480 of 2010 of the court of learned Chief Judicial Magistrate, Kalpetta. Case as seen from the final report is that on 18.01.2010 at about 10.30a.m petitioner wrongfully restrained CW1 and voluntarily caused hurt to him and CWs.2 and 4. Motive alleged is that in a property which petitioner claimed to be his, the alleged injured persons hoisted a flag. This petition is to quash proceedings against petitioner on the ground that the case set up by petitioner is wholly unfounded and quite unbelievable. 2. Though various contentions are raised in this petition at the time the matter came up for hearing learned counsel requested permission to withdraw the petition without prejudice to the right of petitioner to take appropriate defences in the trial court. Learned counsel submitted that petitioner is handicapped to the extent of 50% and in the circumstance petitioner may be exempted from appearance in the trial court. Crl.M.C.No.4798 of 2010 -: 2 :- 3. In the light of the decision of the Supreme Court in T.G.N.Kumar Vs. State of Kerala (2011(1) KHC 142) there could be no such direction to grant permanent exemption. That is the discretion of the trial court to be exercised judicially having regard to the facts and circumstances of the case. But I make it clear that if any such application is filed by the petitioner learned Chief Judicial Magistrate shall consider that application having regard to the facts and circumstances of the case and pass appropriate orders. Resultantly with the observations made above this criminal miscellaneous case is dismissed as withdrawn. (THOMAS P JOSEPH, JUDGE) Sbna/-