IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 657 of 2011() ------------------------ CC.208/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S)/ACCUSED --------------- USMAN,S/O.MOHAMMED MUSLIYAR, VARIKKOTTIL HOUSE, OMACHAPUZHA, P.O., OZHUR, TIRUR TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S)/DEFACTO COMPLAINANT: --------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.657 of 2011 -------------------------------------- Dated this the 4th day of March, 2011. ORDER Petitioner is accused in C.C.No.208 of 2010 of the court learned Chief Judicial Magistrate, Manjeri for offence punishable under Section 23 of the Kerala Conservation of Paddy Land and Wet Land Act. Grievance of petitioner is that he is working abroad, he has to return to his work place but, on account of pendency of the case he is unable to do so. Petitioner therefore seeks a direction to the learned Chief Judicial Magistrate to grant personal exemption. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the light of decision in TGN Kumar v. State of Kerala and others (2011 (1) KHC 142) no such direction could be issued, for, that is a matter within the discretionary jurisdiction of learned Chief Judicial Magistrate. 3. I however direct that in case petitioner filed an application under Section 205 of the Code of Criminal Procedure, learned Chief Judicial Magistrate shall consider that application on merit having regard to the necessity of Crl.MC No.657/2011 2 petitioner to be detained in the nature of offence alleged and pass appropriate orders bear in mind the decision of Supreme Court in Basavaraj R. Patil and others v. State of Karnataka and others (2000 (8) SCC 740). Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks