IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 242 of 2011() ---------------------------------- CC.751/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER(S): ACCUSED ---------------------------------------- ABDUL SAMAD, S/O.MOIDEEN, PACHAYIL KUZHIYIL, THENNALA AMSOM, DESOM, TIRURANGADI TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.242 of 2011 --------------------------------------- Dated this 27th day of January, 2011 ORDER Petitioner is accused No.2 in C.C.No.751 of 2004 of the court of learned Judicial First Class Magistrate-I, Parappanangadi for offences punishable under Secs.143, 147,148, 452, 323, 324 and 427 r/w Sec.149 of the Indian Penal Code. He was released on bail and went abroad in connection with employment. While so, trial of the case commenced in March 2009 and some of the prosecution witnesses are already examined. When PW2 was in the box, it appeared that identification of petitioner was necessary. Thereon, petitioner was directed to be present in court. Petitioner could not appear in court on the date scheduled. His bail was cancelled and non bailable warrant was issued to him. Later petitioner surrendered in the court below and he was granted bail. Petitioner now wants to go abroad in connection with his employment and filed application under Sec.205 of the Code of Criminal Procedure (for short, “the Code”) seeking exemption from personal appearance and undertaking to appear through counsel without disputing his identity at the time of trial of the case. Request in this petition is to direct the Crl.M.C.No.242 of 2011 -: 2 :- learned Magistrate to dispose of Annexure-A1, petition preferred under Sec.205 of the Code. Learned counsel submits that in Annexure-A1, petition itself petitioner has stated that he will not dispute his identity in the course of trial of the case. Having regard to the circumstances stated learned Judicial First Class Magistrate-I, Parappanangadi is directed to dispose of Annexure- AI, petition dated January 11, 2011 (filed by petitioner under Sec.205 of the Code) as early as possible having regard to the requirement of petitioner to go abroad in connection with his employment after 10.02.2011. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-