IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2139 of 2010() ------------------------- CC.823/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEYYATTINKARA .................... PETITIONER(S): --------------- 1. XAVIER MATHEW, MANAGING DIRECTOR ISOLA DE COCO AYURVEDA BEACH RESORT, KP III/969 KULATHOOR, THIRUVANANTHAPURAM DISTRICT. 2. VIJAYAN, S/O ENOSE, ROADARIKATHU VEEDU KURUVITHOTTAM, KULATHOOR, THIRUVANANTHAPURAM DISTRICT. 3. SATHYADAS, S/O.JOSHWA, CHENJALAKUZHI, ROADARIKATHU VEEDU KURUVITHOTTAM, KULATHOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. RAJENDRAN,S /O.KOCHUPILLA NADAR VALIYAVILA PUTHEN VEEDU, KARUMKULAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT 695 038. PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2139 of 2010 -------------------------------------- Dated this the 6th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No.823/2007 on the file of the J.F.C.M Court-II, Neyyatinkara for offences punishable under sections 447 and 427 read with 34 IPC, seek to quash all further proceedings in the above case. 2. Admittedly, the learned Magistrate after taking cognizance of the offences has framed charge against the petitioners. If so, the trial of the case has already started. The remedy of the petitioners then is to stand trial. If a question of identity does not arise for consideration during trial, the petitioners may file an application for personal exemption incorporating appropriate averments. In case such an application is filed, I am sure that the Magistrate shall pass favourable orders exempting the petitioners from personal appearance before the Magistrate unless their presence is found inevitable at any subsequent stage Crl.M.C. No.2139 of 2010 : 2 : of the trial. It shall be open to the petitioners to produce before the Magistrate the decree of the Civil Court dealing with the subject matter of the said case. Reserving the above right of the petitioners this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb