IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Crl.MC.No. 1902 of 2010() ------------------------------------- C.C.699/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR. ................. PETITIONER/ACCUSED --------------------------------- AJAYAN, S/O.GOPI, KETTISSERIL VADAKKATHIL HOUSE, PADANAYARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODUMON POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1902 of 2010 -------------------------------------- Dated this the 2nd day of June, 2010 ORDER The petitioner who is the sole accused in C.C.No.699/2006 on the file of the Judicial Magistrate of the First Class, Adoor for an offence punishable under Sections 279. 337, 304 (A) I.P.C. seeks permission to consider his petition filed under Section 205 of Code of Criminal Procedure and permit him to be represented by a counsel in the above case. 2. Even though the trial in the above case started long ago, the prosecution evidence is not yet over due to non- availability or non-examination of Cws.5 and 11 to 16. Since the trial was unduly protracted and also since the petitioner in the meanwhile get an employment abroad, he could not appear before the learned Magistrate. That is the reason why the petitioner prays for personal exemption during the rest of the trial. It is submitted that all the occurrence witnesses have already been examined and that the petitioner will not dispute the ability of the witnesses to identify him. In case, the petitioner files a fresh application within one week from Crl.M.C.No.1902/2010 : 2 : today through his counsel seeking personal exemption during the further trial by incorporating appropriate averments, the same shall be allowed and the rest of the trial including examination under Section 313 of Code of Criminal Procedure shall be conducted in the absence of the petitioner who shall be permitted to be represented through his counsel. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE skj