IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Crl.MC.No. 790 of 2008() ------------------------ CC.128/2006 of CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: 2ND ACCUSED IN CC 128/2006: -------------------------------------------------- T.N. THYAGARAJAN, S/O. NEELAKANTAN, AGED 67 YEARS, RESIDING AT SREE GANESHAM, T.C.NO.1/748(2), BHAGAVATHY KAVU LANE,JAI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENTS: COMPLAINANT AND 1ST ACCUSED IN & STATE: ------------------------------------------------------------------------ 1. S. GANGADHARAN NAIR, S/O. SANKARA PILLAI AGED 87 YEARS, RESIDING AT T.C.V/2484, SREE GANGA, GOLF LINKS ROAD, KAWDIAR, THIRUVANANTHAPURAM. 2. P.S. RAMESH KUMAR, PRABHALAYAM, PUNNAPURAM P.O.,THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 790 of 2008 ========================== Dated this the 22nd day of February, 2008. O R D E R The petitioner, who is the 2nd accused in C.C.No. 128/2006 on the file of the Court of the Chief Judicial Magistrate, Thiruvananthapuram for offences punishable under Sections 406, 465, 468, 471 and 420 r/w Section 120 B and 34 IPC, seeks to quash Annexure 5 private complaint and the subsequent proceedings before the Magistrate. It cannot be said that the averments in the complaint do not make out the offence alleged. No doubt, they are only in the realm of allegations and the petitioner can be convicted only if those allegations are proved by legal evidence. That is a matter for trial. If a question of identity does not arise, the petitioner can very well move the Magistrate for exemption from personal appearance and I am sure that the Magistrate will not insist on the personal appearance of the petitioner unless the same is inevitable during any stage of the trial. With this liberty to the petitioner, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv