IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 1451 of 2011() ------------------------------------- CRIME NO.437/2009 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT ----------------------------- PETITIONER(S): ACCUSED ---------------------------------------- SHAJI NAVAS.E., 9/220, PARAPPIL HOUSE, SENGUPTA ROAD, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.437/2009 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) *ADDITIONAL IIND RESPONDENT IMPLEADED * R2: C.P.SAKIR HUSSAIN, S/O. MUHAMMED, SANTI NIKETAN, VILAYUR VILLAGE, KARINGANAD DESOM, PALAKKAD.PIN-678 001. * IMPLEADED AS ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED 14/07/11 IN CRLMA 4276/11 IN CRL.M.C.NO.1451/11 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1451/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX I COPY OF THE FIRST INFORMATION STATEMENT ALONG WITH THE FIRST INFORMATION REPORT IN CRIME NO.437/2009 ANNEX II COPY OF THE FINAL REPORT IN CRIME NO.437/2009. ANNEX III COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE OTTAPPALAM POLICE STATION ALONG WITH THE RECEIPT ISSUED FROM THE POLICE STATION. ANNEX IV COPY OF THE 1ST PAGE OF THE PROFILE IN ORKUT WEBSITE. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 1451 OF 2011 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the sole accused in Crime No.437/2009 registered by Pattambi Police for the offences punishable under Sections 465, 468, 469 and 417 of IPC now pending before the Judicial First Class Magistrate, Pattambi. 3. I am not inclined to interfere with this matter at this stage. It is open to the petitioner to file an appropriate appliation seeking discharge. Learned counsel for the petitioner states that the petitioner is a Professor in a College and it may not be possible for him to appear before the trial court on each day for trial. 4. Considering the above facts, it is open to the petitioner to approach the trial court for dispensing with his personal appearance. If the petitioner makes an application under Section 205 Cr.PC before the learned Magistrate on or before 20-09-2011, the same shall be allowed on such terms and conditions the learned Magistrate deems fit. Sd/- B.P. RAY, JUDGE. AMG