IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 2140 of 2009() --------------------------------------- (CMP.NO.2386/09 IN C.C.556/06 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM) PETITIONER(S): ACCUSED: ------------------------------------------ ANWAR HUSSAIN, AGED 63, S/O.MUHAMMED, MANAGING PARTNER, M/S. MARINE ENTERPRISES, GOOD SHED ROAD, MANGALORE. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): STATE: -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED KUNHI, AGED 45, S/O.ABDULLA KUNHI, HOUSE NO.K.G.P.X.1376/(16/1236), NEAR SYNDICATE BANK, KUMBLA, KASARAGOD. R1 BY PUBLIC PROSECUTOR MR. JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2140 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.556/06 on the file of the Additional Chief Judicial Magistrate's Court, Ernakulam. Second respondent is the complainant. When the case was posted for defence evidence, petitioner filed C.M.P.No. 2386/09, an application to examine him on commission, which was dismissed under Annexure-A12 order. This petition is filed under Section 482 of Code of Criminal Procedure challenging that order. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for the petitioner is that the petitioner was suffering from acute Pancreatitis and therefore, he could not be examined in person, as he could not travel from Kumbala of Kasargode to Ernakulam. Learned counsel relied on Annexure-A2 medical certificate issued on 29.12.2008 by Dr.Venugopala of Yenepoya Hospital, Kodialbail, CRMC 2140/09 2 Mangalore. But, Annexure-A10 is the latest medical certificate issued by the same Doctor, which does not disclose the illness of Pancreatitis referred to in Annexure-A2. Annexure-A10 only shows that he is suffering from complaints of cold/ cough and fever and he needs treatment for a few days. 4. On hearing the learned counsel, I find no reason to interfere with the order passed by the learned Magistrate refusing the petitioner to be examined by issuing a commission. 5. Learned counsel then submitted that petitioner is prepared to give evidence, but the case is posted for arguments to tomorrow. If the petitioner appears and files an application to re- open the evidence and for permission to examine him tomorrow, Additional Chief Judicial Magistrate, Ernakulam is to allow the application and to examine him. The petition is disposed of. 2nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv