IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 1022 of 2008() ------------------------- PETITIONER: ------------ ABEY THOMAS, S/O. THOMAS AGED 20 YEARS KANNIKKAL HOUSE, SOUTH CHITTOOR P.O. EDAYAKKUNNAM, KOCHI - 682 027 BY ADV. SRI.SAKIR.K.H. RESPONDENTS: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CITY POLICE STATION, EDAPPALLY, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 7-3-2008 , THE COURT ON 07/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1022 of 2008 * * * * * * * * * * * * * * * * * * Dated: 7-3-2008 ORDER Petitioner who is the accused in C.C. No. 943 of 2006 on the file of the J.F.C.M. II, Aluva for offences punishable under Sections 279 and 304 A I.P.C. inter alia seeks permission to go to Dubai where he has secured employment. According to the petitioner the case was actually posted for trial on 6-3-2008 on which date CWs 1 to 4 and 6 were present before the learned Magistrate but the trial was adjourned to 27-3-2008 for want of time and if the trial gets unduly prolonged the petitioner will loose his employment consequent on the expiry of his visa. Hence, this Petition. 2. The petitioner undertakes that he will not raise any dispute regarding his identity during the trial of the case. Accordingly, if the petitioner files an affidavit before the learned Magistrate seeking permission to his counsel to represent him with an undertaking that he will not raise any dispute regarding his identity, the Magistrate may conduct the trial without insisting on the personal appearance of the petitioner. In that event the petitioner will be entitled to the permission sought for. This Crl.M.C. is disposed of as above. V.RAMKUMAR, JUDGE ani/