IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 4872 of 2010() ------------------------------------ CRIME NO.1668/2009 OF KOTTARAKKARA POLICE STATION. .................... PETITIONER/3RD ACCUSED: ------------------------------------------ SHINE KUMAR. S., S/O.SHIVADASAN PILLAI. N. AGED 26 YEARS, THARAMEL HOUSE, POLICODE, VAYACKAL P.O., KOTTARAKKARA, PIN-691 548. BY ADV. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.M.A.MOHAMMED SIRAJ, SRI.P.PRIJITH. RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. SREEJA, W/O.JAYACHANDRAN UNNITHAN, MURALI SADANAM, NEAR EDUTHINGAL JUNCTION, THEVANNOOR MURI, VALAKOM, PIN-691 533. R1 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. R2 BY ADV. SRI.B.MOHANLAL, SRI.SAIJU S. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4872 of 2010 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE FIR IN CRIME NO.1668 OF 2009 OF KOTTARAKKARA POLICE STATION. ANNEXURE-II: COPY OF THE STATEMENT GIVEN BY THE 2ND RESPONDENT BEFORE THE POLICE. ANNEXURE-III: COPY OF THE FINAL REPORT IN CRIME NO.1668 OF 2009 OF KOTTARAKKARA POLICE STATION. ANNEXURE-IV: COPY OF THE PLAINT IN O.S. NO.21 OF 2009 BEFORE THE MUNSIFF COURT, KOTTARAKKARA. ANNEXURE-V: COPY OF THE ORDER IN I.A. NO.88 OF 2009 IN O.S. NO.21 OF 2009 DATED 17/01/2009. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.4872 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor. 2. Petitioner is arrayed as third accused in Crime No.1668/2009 registered by Kottarakkara Police for the offences punishable under Sections 188, 294(b) and 34 of Indian Penal Code. The case is now pending before the Judicial First Class Magistrate Court I, Kottarakara. 3. I am not inclined to interefere with this matter at this stage. I have not expressed any opinion on the merit of the case. However, it is open to the petitioner to raise all relevant points before the trial court by filing an application for discharge on the ground that the offences mentioned above are not made out. If such an application is filed by the petitioner claiming discharge within one month from today, the learned Magistrate shall consider the same and pass a reasoned order within two weeks thereafter. 4. Learned counsel for the petitioner submits that the petitioner is a Police Officer and it may not be possible for him to appear before the court below on each day of trial. Therefore, petitioner's personal appearance may not be insisted upon. If the petitioner makes an application under Section 205 Cr.P.C. for dispensing his personal appearance, the trial court shall do well to dispense with his personal appearance on such terms and conditions as the learned Magistrate deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes