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. 584 of 2006() ------------------------ CC.847/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED: ----------------------------------------- GODAVARMA, MANAGER, R R V SCHOOLS, KILIMANOOR PALACE, CHOOTTAYIL P.O., KILIMANOOR. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE 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. R1 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA R2 BY ADVS. SRI.B.RAMAN PILLAI, SRI.GEORGE PHILIP, SRI.R.ANIL, SRI.RAJU RADHAKRISHNAN, SRI.ANIL K.MOHAMMED. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.584/2006 APPENDIX PETITIONERS' ANNEXURE: ANNEX.A: COPY OF COMPLAINT DTD. 22/01/2005 IN CC.NO.847 OF 2005 ON THE FILE OF THE JUDL.1ST CLASS MAGISTRATE'S COURT, ATTINGAL. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.584 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 the de facto complainant 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. 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 petitioner is the Manager of the School, that he remains busy in his day to day work and that it may not be possible for him to appear on each day fixed for trial. 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