IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2600 of 2009() ------------------------------------ CC.1878/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONERS/ACCUSED ----------------------------------- 1. HAJA MAHIN, S/O.SHAHUL HAMEED, T.C.49/649, DARUSALAM HOUSE, MANACAD VILLAGE, KALICHAKULAM DESOM, THIRUVANANTHAPURAM. 2. SARAVANAN, S/O.SIVARAJ, SARAHARI NIVAS, KUNDUVARA, CHEMBUKKAVU, THRISSUR. 3. JOBY T.P., S/O.POULOSE, THEKKUMPURAM HOUSE, P.O.PANAMUKKU, THRISSUR. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT -------------------------------------------- 1. SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2600 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioners are accused in C.C.1878/2007 on the file of Judicial First Class Magistrate-I, Thrissur taken cognizance for the offences under Section 384 read with Section 34 of Indian Penal Code. 2. Learned counsel appearing for petitioners was heard. 3. On hearing the learned counsel appearing for the petitioners finding that court is not inclined to quash the complaint, learned counsel submitted that prayer to quash the proceedings is not pressed and learned Magistrate may be directed to dispense with the presence of the petitioners. 4. Petition is disposed granting liberty to the petitioners to move the Magistrate under Section 205 of Code of Criminal Procedure to dispense with the presence of the petitioners for the purpose of trial. If proper application is filed, it is to be considered by the learned Magistrate in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.