IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1151 of 2010() ------------------------- CC.1099/2009 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): --------------- SABU.P.M., S/O.MATHAI, AGED 45 YEARS, PATTASSERIL HOUSE, CHERUKUNNU KARA, PUTHENCRUZ, PUTHENCRUZ VILLAGE,KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.J.KURIACHAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1151 of 2010 -------------------------------------- Dated this the 8th day of June, 2010 ORDER Petitioner, who is the third accused in Crime No.217/2004 of Puthencruz Police Station for offences punishable under Sections 143, 147, 148, 297, 341, 427, 506 (i) read with 149 IPC and whose case is presently pending before the J.F.C.M Court, Kolenchery as C.C.No.1099/2009, seeks to quash all further proceedings in the above case. There were altogether 11 accused in this case and the remaining accused faced trial before the Magistrate in C.C.No.634/2004. Since the petitioner was absconding in that case, the case against him was split up and re-filed as C.C.No.1099/2009. According to the petitioner, all the remaining accused have been acquitted and no useful purpose will be served by the petitioner alone facing the trial. 2. In the light of the Full-Bench decision of this court in Moosa v. Sub Inspector of Police [2006 (1) KLT (552)] the above contention cannot be entertained. However, if a question of identity does not arise for consideration during the trial, the petitioner may file an application incorporating Crl.M.C. No.1151 of 2010 : 2 : appropriate averments seeking personal exemption. In case, such a petition is filed, the learned Magistrate shall pass favourable orders without insisting on the personal appearance of the petitioner during the trial of C.C.No.1099/2009. Reserving the above rights of the petitioner this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb