IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1407 of 2008() ------------------------- CC.784/1998 of JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM .................... PETITIONER: -------------------- JOSEPH, AGED 29 YEARS S/O.LATE GEORGE JACOB, NADUVILAKAM VEEDU AYIMANAM VILLAGE. BY ADV. SRI.KARJET KODUVATH SRI.VIVEK CHANDRAN RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR. 2. STATION HOUSE OFFICER KOTTAYAM WEST POLICE STATION, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1407 of 2008 = = = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 ORDER Petitioner, who is the 4th accused in Crime No.250/1997 of Kottayam West Police Station for an offence punishable under Section 420 read with 34 IPC faced trial along with other three accused persons before the J.F.C.M-I, Kottayam in C.C.No.784/1998. During the course of trial he went abroad and the case against him was split up and re-filed as C.C.No.98/2006. Accordingly, this Crl.M.C is disposed of directing the Magistrate to permit the petitioner to be represented through his counsel on his undertaking before the court below through the said counsel that the petitioner will not raise any dispute regarding the question of his identity. The learned Magistrate shall dispose of C.C.No.98/2006, without insisting on the personal appearance of the petitioner and having due regard to the fact that the co-accused have been acquitted after trial. V. RAMKUMAR, JUDGE sj