IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.Rev.Pet.No. 800 of 2008() ----------------------------- CC.324/2006 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... REVN. PETITIONER: REVISION PETITIONER/2ND ACCUSED: -------------------------------------------------- P.K. ABDUL RAHMAN, S/O.SHAFI AHAMED, AGED 64 YEARS, MAREENA HOUSE, KUNNATH MADAPARAMBU, CHOKLI AMSOM, KAVIYOOR DESOM, THALASSERY. BY ADV. SRI.S.SREEKUMAR SRI.S.VAIDYANATHAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P. NO.800 of 2008 * * * * * * * * * * * * * * * * * * Dated: 12-03-2008 ORDER Petitioner who is the 2nd accused in C.C. No. 324 of 2006 on the file of the Chief Judicial Magistrate, Kalpetta, challenges Annexure IV order dated 8-06-2007 dismissing his application for discharge. In as much as the learned Chief Judicial Magistrate has found prima facie case against the petitioner for framing charge, I am not inclined to interfere with the order passed by the Chief Judicial Magistrate . Suffice it to say that the case is still at the stage of allegations and the petitioner can be found guilty only when those allegations are found true. Hence, the petitioner will have to face trial and try to get an acquittal. The petitioner is stated to be abroad. He can be permitted to claim exemption from personal appearance during trial if no question of identity of the petitioner arises. Accordingly, if the petitioner files an application for personal exemption from trial, the same shall be allowed by the Magistrate on the petitioner undertaking before Court that he shall not raise any dispute regarding identity. In that event, the Magistrate shall not insist on the personal appearance of the petitioner during trial unless it is inevitable to do so during any stage of the trial. V. RAMKUMAR, (JUDGE) ani.