IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.Rev.Pet.No. 410 of 2008() ----------------------------- CC.289/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... REVN. PETITIONER: PETITIONER/3RD ACCUSED ---------------------------------------- PARABHAKARAN NAIR, ARAMKOTTAKKAL, S/O.CHEKKINI NAIR, POONATH P.O., AVIDANALLOR VILLAGE, KOYILANDY TALUK. BY ADV. SRI.SANTHARAM.P RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. NELLOLI NARAYANI AMMA, KUTTIKKUNNUMMAL, CHANGAROTH P.O. CHANGAROTH AMSOM DESOM, KOYILANDY TALUK. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 410 of 2008 * * * * * * * * * * * * * * * * * * Dated : 6-03-2008 ORDER Petitioner who is the 3rd accused in C.C. No. 289 of 2006 on the file of the J.F.C.M.I., Perambra for offences punishable under Sections 447, 427 , 506 (1) and 379 read with Section 34 I.P.C. seeks to quash the order dated 17-11-2007 passed by the Magistrate refusing to accept the plea of discharge made by the petitioner. 2. The trial Judge who had the unique advantage of scanning the prosecution papers was not inclined to sustain the plea for discharge made by the petitioner. He has found prima facie case against accused Nos. 2 to 4. Hence the only course now open to the petitioner is to raise all the defences available to him during the trial of the case and try to get an acquittal . If a question of identity of the petitioner does not arise, the petitioner can very well move the Magistrate for personal exemption during trial and I am sure that the Magistrate will exempt the petitioner from personal appearance subject, of course, to the right of the trial Court to insist on the personal appearance of the petitioner, if unless his presence is inevitable during any stage of the trial. Crl.R.P. No. 410 of 2008 -:2:- 3. With this liberty to the petitioners , this Crl.R.P. is dismissed. 4. The petitioner is also given the right to surrender and file an application for regular bail before the Magistrate within two weeks from today. In case he complies with this condition, he shall be released on bail on appropriate conditions notwithstanding the pendency of non-bailable-warrants against the petitioner. V. RAMKUMAR, (JUDGE) ani.