IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRL.MC.NO. 203 OF 2011() --------------------------------------- CC.1647/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA PETITIONER(S): ACCUSED ---------------------------------------- 1. SUNIL,AGED 35 YEARS,S/O.LAKSHMIKANTH, MULANGATTUKARA HOUSE,KONNIKKARA DESOM,THRISSUR. 2. LEELA, AGED 58 YEARS, W/O. LAKSHMIKANTH, MULANGATTUKARA HOUSE,KONNIKKARA DESOM,THRISSUR. 3. SANDHYA SURAJ, AGED 30 YEARS, D/O. LAKSHMIKANTH, MULANGATTUKARA HOUSE,KONNIKKARA DESOM,THRISSUR. 4. AMMINI, AGED 65 YEARS, W/O.ABHIMANYU, MULANGATTUKARA HOUSE,KONNIKKARA DESOM,THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. RASMI, D/O. RAVIKUMAR, KARTHIKA HOUSE, KANIMANGALAM VILLAGE, THRISSUR TALUK-680001. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.203 of 211 ==================================== Dated this the 28th day of January, 2011 O R D E R Petitioners are accused in C.C. No.1647 of 2009 of the court of learned Judicial First Class Magistrate, Irinjalakuda for offence punishable under Sections 406 and 498A read with Section 34 of the Indian Penal Code arising from the final report submitted by the police in Crime No.205 of 2009 of Puthukkad Police Station. Prosecution case is that petitioners subjected respondent No.2 to cruelty physically and mentally to coerce her to get more dowry, misappropriated gold ornaments and money and thereby committed the offence. Though various contentions are raised in the petition at the time of hearing learned counsel confined his submission to a request to grant exemption to the petitioners from personal appearance in the trial court. In the light of the decision in TGN Kumar v. State of Kerala (2011 [1] KHC 142 (SC) question whether petitioners are to be exempted from appearance is a matter which the trial court has to decide on the facts and materials before it. Hence I direct that in case any application is filed by any of petitioners seeking exemption from personal CRL.M.C. No.203 of 2011 -: 2 :- appearance, learned Magistrate shall consider the said application having regard to the circumstances of the case including whether it is necessary for petitioners to appear in person in court and pass appropriate orders. Criminal Miscellaneous Case is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv