IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2543 of 2008(C) -------------------------------------- [ST.NO.3/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD] .................... PETITIONER: ------------------- KISHORE BIYANI, MANAGING DIRECTOR, M/S PANTALOON RETAIL (INDIA) LTD., 406,JEVAN VIHAR,5 MANAV MANDIR ROAD, MUMBAI -400 006. BY ADV. MR.JIJO PAUL. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE ASST. CONTROLLER, LEGAL METROLOGY, FLYING SQUAD, PALAKKAD, -THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. BY PUBLIC PROSECUTOR MR. MUHAMMED PUZHAKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/08/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. A.K. BASHEER --------------------- CRL.M.C. NO. 2543 OF 2008 ------------------------------------ DATED THIS THE 14TH DAY OF AUGUST 2009 O R D E R When this case is taken up for hearing, learned Counsel for the Petitioner, after arguing the case for some time, seeks permission to withdraw the petition with liberty to raise all contentions available to the Petitioner before the court below. However he prays that appearance of the Petitioner, who is the Managing Director of the Company, before the trial court may be dispensed with. 2. In the peculiar facts and circumstances of this case, I am satisfied that the prayer made by the learned Counsel is only reasonable. 3. The Court below shall not insist on the appearance of the Petitioner on all dates of posting. If a motion is made on behalf of the Petitioner to exempt him from personal appearance, the same shall be allowed. However the Petitioner shall appear if his presence is essential on any particular date. The Crl.M.C is disposed of in the above terms. A.K. BASHEER JUDGE pkk CRL.M.C. NO. 2543 OF 2008 2