IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4135 of 2008() ------------------------- AGAINST THE ORDER DATED IN CMP 680/08 IN CC.54/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): --------------- M.P.SHAMEER, AGED 35 YEARS, S/O. IBRAHIM KUTTY, KADEEHA MANZIL, MANHIRODE, BY ADV. SRI.C.KHALID SRI.T.P.SAJID RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4135 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R The grievance of the petitioner is that his application for exemption is not considered by the learned Magistrate properly and the same has been dismissed. Report of the learned Magistrate was called for. The learned Magistrate reports that the application was not dismissed, but was only closed with certain observations. The learned Magistrate in the report submits that if a proper application is filed undertaking that the dispute about identity of the accused shall not be raised in the trial, there is no impediment against grant of exemption under Section 205 Cr.P.C. 2. The learned counsel for the petitioner submits that the petitioner shall now make a proper application to apprise the learned Magistrate of the fact that the petitioner is employed abroad and that he shall not dispute his identity. Such application, if filed, shall be considered by the learned Magistrate Crl.M.C.No. 4135 of 2008 2 on merits and in accordance with law. The learned counsel prays that the petitioner may be granted reasonable time to file such fresh application along with a fresh Vakalath. The petitioner is granted time till 10.12.2008 to file such application. 3. With the above observations, this Crl.M.C. is dismissed. (R. BASANT) Judge tm