IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3063 of 2006 -------------------------------- CC.544/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER(S): 1ST ACCUSED: -------------------------------------------- P.R.DAS, BHAVANI BHAVANAM, CHARAMANGALAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. V.K.MADHAVAN, NIVARTHIL, KAYIPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.J.OM PRAKASH PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3063 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 ORDER After arguing the matter for some time, learned counsel for the petitioner submits that petitioner may be given liberty to raise all his contentions before the trial court. However it is submitted on behalf of the petitioner that his personal appearance may be dispensed with in the course of the trial, except on days when his presence is absolutely essential. 2. In the peculiar facts and circumstances of the case and having considered the submissions made by learned counsel for the parties at the Bar, I am satisfied that the Crl.M.C can be closed, reserving the right of the petitioner to urge all his contentions before the trial court in the course of the trial. However, if a motion is made on behalf of the petitioner to exempt him from personal appearance, the same shall be allowed. However petitioner shall appear before the trial court as and when his personal presence is absolutely essential for the purpose of the trial. Crl.M.C is closed in the above terms. A.K. Basheer Judge. an.