IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1470 of 2008() ------------------------- CC.22/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER: ------------------- VARGHESE DANIEL S/O. DANIEL, AGED 51 YEARS, RESIDING AT AIKKARAVEEDU, BLOCK NO. 96, EX-SERVICE MEN'S COLONY, KATTIKKALLU, KUNNAMMURIYIL,KOLLAMULA VILLAGE, VECHOOCHIRA P.O. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. SUB INSPECTOR OF POLICE VECHOOCHIRA POLICE STATION VECHOOCHIRA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1470 of 2008 = = = = = = = = = = = = = = = = = Dated this the 8 th day of April, 2008 ORDER Petitioner who is the accused in C.C.No.22 of 2007 on the file of the J.F.C.M, Ranni for offences punishable under Sections 341,353 and 506(1) IPC registered at the instance of none other than his own brother, seeks an expeditious disposal of the said case. According to the petitioner, he is a non resident Indian employed in Saudi Arabia since 1985 and on account of the delay in the trial of the case he is unable to go back to the place of his employment. The petitioner would contend that the dispute between the petitioner and the de facto complainant has been settled and since one of the offences is non compoundable, the petitioner is not able to compound the offence. 2. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to seek personal exemption during the trial of the case, since the question of his identity may not arise for consideration. Accordingly, if he files an application for personal exemption before the learned Crl.M.C.No.1470 of 2008 2 Magistrate undertaking that he will not dispute his identity during the trial, the learned Magistrate shall exempt his personal appearance during the trial, unless the learned Magistrate is of the view that the personal appearance of the petitioner is inevitable at any stage of the trial. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj