IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Crl.MC.No. 817 of 2010() ------------------------ CC.691/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONER(S): --------------- A.M.VARGHESE, AGED 57 YEARS, S/O.LATE MANI, ROSE COTTAGE,MANNAM KARA, CHOLATHADAM BHAGAM, POONJAR THEKKAEKKARA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------- 1. JOSEPH T.JOHN,S/O.LATE T.J.JOHN,ADVOCATE THURUTHIYIL HOUSE, LALAM VILLAGE, PALA, KOTTAYAM DISTRICT. 2. THE S.I OF POLICE, PALA POLICE STATION, PALA. 3. DEPUTY SUPERINTENDENT OF POLICE,PALA. 4. C.I. OF POLICE, RAMAPURAM. 5. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 817 of 2010 -------------------------------------- Dated this the 9th day of June, 2010 ORDER Petitioner, who is the first accused in Crime No.121/05 of Pala Police Station and now pending before the J.F.C.M Court, Pala as C.C.No.691/07, for offences punishable under Sections 406, 420, 465, 468 and 471 read with 34 IPC, seeks to quash the final report and all further proceedings in the case. 2. It is too early for this Court to accept the contentions of the petitioner. Trial of the case in C.C.No.691/07 has already started. The remedy of the petitioner is to stand the trial and to try to secure an order of acquittal. 3. The learned Counsel of the petitioner submitted that, since a question of identity does not arise in the case, the petitioner, who is suffering from various ailments may be permitted to seek personal exemption during the trial of the case. In case the petitioner files an application for discharge Crl.M.C. No.817 of 2010 : 2 : incorporating proper averments, the court below shall not insist on his personal appearance before the court during the trial of the case, unless his personal appearance is inevitable at any stage of the case. V.RAMKUMAR, JUDGE dmb