IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3402 of 2011() ------------------------- C.C.No.806/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALY ----------------- PETITIONERS/ACCUSED 3 & 4 :- ---------------------------------------------- 1. SUDHA, AGED 29 YEARS, W/O. KUMAR, SHED NO.5, ANACHAL ESTATE, ANACHAL, IDUKKI DISTRICT, PERMANENTLY RESIDING AT PARAPPETTY THERUVU, PARAPPETTY VILLAGE, DINDUGAL DISTRICT, TAMIL NADU. 2. MUTHUMARY, AGED 27 YEARS, W/O. KUMAR, SHED NO.27, ANACHAL ESTATE, ANACHAL, IDUKKI DISTRICT, PERMANENTLY RESIDING AT PARAPPETTY THERUVU, PARAPPETTY VILLAGE, DINDUGAL DISTRICT, TAMIL NADU. BY ADV. SRI.VETTATH EAPEN MATHAI RESPONDENT(S) :- ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VELLATHUVAL POLICE STATION, VELLATHUVAL, IDUKKI DISTRICT – 685 563. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt The status of the petitioners in the cause title of the order dated 4.10.2011 in Crl.M.C.No.3402/2011 is corrected and substituted as Accused No.2 and Accused No.3 as per order dated 14.10.2011 in Crl.M.A. 6869/2011 in Crl.M.C.3402/2011. SD/- ASSISTANT REGISTRAR Crl.M.C.No. 3402 of 2011 APPENDIX Petitioner's Exhibits :- Annexure I :- Copy of the Statement of Mrs.Chellamma. Annexure II :- Copy of the F.I.R. in C.C.No.806/2011. Annexure III :- Copy of the Medical Certificate of Petitioner No.2 dated 29.8.2011. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3402 of 2011 ----------------------------------- Dated this the 4th day of October 2011 O R D E R Petitioners are accused Nos.3 and 4 in C.C.No.806/2011 of J.F.C.M., Adimaly. The charge sheet against them was stated to have been laid alleging offence under Sec.379 r/w 34 IPC. The request made by the petitioners/accused is that a direction may be issued to the learned Magistrate to dispose of the case within 30 days. The case is of the year 2011. No direction can be issued to the learned Magistrate that the case should be disposed of within 30 days. 2. The learned counsel submits that the 2nd petitioner is pregnant and that it may not be possible for her to appear before that court at the time of trial and there after. It is for the petitioners to produce a certificate issued by the registered medical practitioner to prove that the 2nd Crl.M.C. No.3402 of 2011 -: 2 :- petitioner is pregnant and can make a request before the learned Magistrate that her physical presence may be dispensed with during her advanced stage of pregnancy and also after delivery for a reasonable time. But when the witnesses are to be examined their physical presence may be required. Needless to say that their presence may be required for examination under Sec.313 Cr.P.C. If a petition is filed for exemption from the physical presence of the 2nd petitioner then that will be considered and disposed of by the learned Magistrate in accordance with law. This Crl.M.C. is disposed of accordingly. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt The status of the petitioners occurring in line 1 of paragraph 1 of the order dated 4.10.2011 in Crl.M.C.No.3402/2011 is corrected and substituted as accused Nos.2 and 3, vide order dated 14.10.2011 in Crl.M.A.No.6869/2011 in Crl.M.C.No.3402/2011. Sd/- Registrar (Judicial)