IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Crl.MC.No. 400 of 2011(D) ------------------------------------ [CC.NO.24/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MAVELIKKARA] .................... PETITIONERS/ACCUSED 1 & 2: -------------------------------------------- 1. T.I. MATHEW, KANIYANTHARA HOUSE, KATTANAM PALLICKAL MURI, THEKKEKKARA VILLAGE, MAVELIKARA TALUK. 2. KUNJUMOL MATHEW, W/O. T.I. MATHEW, KANIYANTHARA HOUSE, KATTANAM PALLICKAL MURI, THEKKEKKARA VILLAGE, MAVELIKARA TALUK. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SRI.V.SUNIL KUMAR (PANACHAMOODU). RESPONDENTS/ STATE AND COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. K. GOPALAPILLA, MELEDATH HOUSE, KIZHAKKE MURI, THAMARAKKULAM VILLAGE – 690 501. 3. AUTHORISED OFFICER, DEWAN HOUSING FINANCE CORPORATION LTD., 1ST FLOOR, KMM BUILDING, PALARIVATTOM, COCHIN – 682 025. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 400/2011-D: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE 1: COPY OF THE CMP.NO.1345/09 DTD. 03/06/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. ANNEXURE 2: COPY OF THE DOCUMENTS PRODUCED ALONG WITH CMP.NO.1345/09 DTD. 03/06/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MAVELIKKARA. ANNEXURE 3: COPY OF THE NOTICE DTD. 17/11/2008 ISSUED TO THE PETITIONERS BY THE R.3. ANNEXURE 4: COPY OF THE CERTIFICATE DTD. 14/09/2010 ISSUED BY THE R.3. EVIDENCING REMITTANCE OF ENTIRE LOAN AMOUNT DUE TO THE R.3. ANNEXURE 5: COPY OF THE SUMMONS DTD. 15/06/2010 ISSUED TO THE P.1. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. B.P.RAY, J. Crl.M.C.NO.400 of 2011 Dated this the 28th day of July 2011 O R D E R Petitioners are accused 1 and 2 in C.C.No.24/2010 of the J.F.C.M, Mavelikkara for the offence punishable under Sections 463, 464, 467, 468 read with Section 34 I.P.C. 2. Heard the learned counsel for the petitioners. The prayer of the petitioners is to quash Annexure I petition and all further proceedings pursuant to C.C.No.24/2010. I am not inclined to interfere at this stage. It is open to the petitioners to seek discharge before the trial court. If such an application is filed, the learned Magistrate shall consider the application, in accordance with law. 3. The learned counsel for the petitioners states that the 2nd petitioner is a lady. Her personal appearance may be dispensed with in the day to day trial of the case. If the 2nd petitioner files an application under Section 205 Cr.P.C to dispense with her personal appearance in the day to day trial of the case, the same shall be allowed by the learned Magistrate on CRL.M.C.No.400/2011 2 such terms and conditions which he deems fit. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No.400/2011 3 CRL.M.C.No.400/2011 4 CRL.M.C.No.400/2011 5