IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 3019 of 2010() ----------------------------------------- S.C.NO.409/2007 ON THE FILE OF THE ADDL.SESSIONS COURT, (FAST TRACK -I), PATHANAMTHITTA PETITIONER(S): ACCUSED ---------------------------------------- JOYKUTTY, S/O.KOSHY, PLAMTHOTTATHIL VEEDU, CHENNEERKKARA MURI, CHENNEERKKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): ---------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3019 of 2010 = = = = = = = = = = = = = = Dated this the 29 th day of July, 2010 ORDER Petitioner who is the sole accused in S.C.No.409/2007 on the file of the Additional Sessions Judge (Fast Track) Court-I, Pathanamthitta arising out of O.R.No.6/2005 of Pathanamthitta Excise Range. Admittedly the court below has framed the charge. This means that the petitioner either did not plead for a discharge or did not get a discharge. Trial has thus started. The only course now open to the petitioner is to face trial. The petitioner will be entitled to apply for personal exemption by filing a petition incorporating the necessary averments. The learned Magistrate shall consider his request favourably and pass appropriate orders and shall not insist upon his personal appearance unless it is inevitable at any subsequent stages of the trial. Dated this the 29th day of July, 2010. V. RAMKUMAR, JUDGE sj