IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 340 of 2008() ------------------------ CC.196/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONER: ACCUSED NOS.1 AND 2: ------------------------------------------- 1. MANU, AGED 31 YEARS, S/O.VIJAYAKUMARAN NAIR, RESIDING AT "NILAVU", T.C.37/2024, FORT P.O., THIRUVANANTHAPURAM. 2. SHIBU, S/O.MAGADAN PONNAPPAN, MANGADAN HOUSE, ILLITHODE, MALAYATTOOR VILLAGE, ERNAKULAM. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 340 of 2008 ========================== Dated this the 26th day of February, 2008. O R D E R The petitioners, who are accused Nos. 1 and 2 in Crime No. 72 of 1997 of Museum Police Station for offences punishable under Sections 143, 147, 148, 149, 323 and 324 IPC r/w Section 149 IPC and now pending trial before the Judicial First Class Magistrate-I, Trivandrum as C.C.No. 196 of 2001, seeks to quash the proceedings so far as they relate to the petitioners. 2. The case was originally filed before the Chief Judicial Magistrate, Thiruvananthapuram and subsequently made over to the Judicial First Class Magistrate-I, Thiruvananthapuram. The original 1st accused by name Binu had approached this Court and filed Crl. M.C. No. 6688/2002 for quashing the case against him on the ground that he is not the person involved in the commission of the offences. His contention was upheld by this Court and subsequently the present 1st petitioner was arrayed as the 1st accused during investigation. There are altogether 6 accused in the case and petitioners who are accused Nos. 1and 2 CRL.M.C.No. 340/2008 : 2: alone appeared before the trial court and the case against others has been split up. The charge was framed only on 29.01.2005. Altogether there are 7 occurrence witnesses who are CWs 1 to 7. Out of them CWs 1 to 3 were examined and they turned hostile to the prosecution. The remaining occurrence witnesses are CWs 4 to 7 of whom CWs 4 and 5 belong to Kollam and CW6 belongs to Malappuram and CW7 belongs to Idukki. CW3 who was the last of the occurrence witnesses so far examined, was examined on 27.10.2007. The case stands posted for the evidence of CWs 4 to 7 who are the remaining occurrence witnesses. 3. It is true that the occurrence took place in the year 1997 and the case has been pending before the trial court from 2001 onwards. But, it is too early to conclude that the remaining occurrence witness will not support the prosecution. In order to shorten the ordeal of trial, I am inclined to permit the petitioners to seek exemption from appearance during the trial of the case and they need appear only if directed to do so, in case the Magistrate finds it inevitable for the accused to appear before that court. Accordingly, if the petitioners file an application CRL.M.C.No. 340/2008 : 3: before the trial court seeking exemption from personal appearance and undertaking that they will not raise any question of identity during the trial of the case, the Magistrate shall exempt them from personal appearance and insist on their appearance only if it is inevitable during any stage of the trial. The learned Magistrate shall also make an earnest endeavour to dispose of the case expeditiously and if necessary permit the prosecution to give up any of the occurrence witnesses, in case it is seen that their attendance cannot be secured even by resorting to coercive steps. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C.No. 340/2008 : 4: