IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Crl.MC.No. 1647 of 2011() ------------------------------- CC.74/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S):4TH ACCUSED ------------------------------------ PRABHAKARAN, AGED 50 YEARS KIZHAKKE VEEDU, ATHIYAMBOOR, KANHANGAD, KASARAGOD DISTRICT. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPRESENTED BY ( S. I. OF POLICE PERINGOM POLICE STATION) THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.1647/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE COMPLAINT FILED BY THE DEFCTO COMPLAINANT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR DATED 16/11/2009. ANNEXURE A2:COPY OF THE FIR NO.337/2009 DATED 21/11/2009. ANNEXURE A3:COPY OF THE FINAL REPORT IN CRIME NO.337/2009 OF PERINGOM POLICE. ANNEXURE A4:COPY OF THE STATEMENTS OF THE WITNESSES AND MEMO OF EVIDENCE. ANNEXURE A5:COPY OF THE PASSPORT OF THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. = = = = = = = = = = = = Crl.M.C.No.1647 of 2011. = = = = = = = = = = = = Dated this the 6th July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. Petitioner is the 4th accused in Crime No.337/2009 of Peringom Police Station in Kannur district for offence under Section 498 A read with 34 IPC in CC.No.74/2010 on the file of the Judicial Magistrate of the First Class, Payyannur. I am not inclined to entertain this case filed under Section 482 of Crl.P.C. 3. The petitioner is working at Dubai. The specific case of the petitioner is that he was not in India on the date on which the incident occurred and he was in abroad. Since the petitioner is working at Dubai it may not be possible on his part to appear on each and every day for trial. Learned counsel for the petitioner states that he will file an application under Section 205 Crl.P.C. before the Crl.M.C.No.1947/2011. 2 learned trial court in the aforesaid case. If the petitioner files such an application, the learned Magistrate, after hearing the parties, allow the same on such conditions as he deems fit. If the petitioner files an application for discharge the same shall be considered on its own merits. Crl.M.C. is disposed of as above. B.P. RAY, (Judge) Kvs/-