IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3453 of 2010() ------------------------- (CRIME NO.131/2005 OF ULICKAL POLICE STATION) CC.218/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONERS: ACCUSED ---------------------- 1. K.V.GOVINDAN, S/O. KUNHAMBU KURUP, AGED 60 YEARS, SECRETARY, ULICKAL SERVICE CO-OP. BANK, ULICKAL. 2. K.K.THOMAS, S/O KURIAKOSE, AGED 49 YEARS, CLERK, ULICKAL SERVICE CO-OP.BANK ULICKAL. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3453 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER The petitioners who are accused in Crime No.131/2005 of Ulickal Police Station for offences punishable under Sections 465 & 471 read with Section 34 I.P.C. and now pending before the Judicial Magistrate of the First Class, Mattanur as C.C.No.218/2006 seek to quash the proceedings. 2. Admittedly the court below has framed the charge and is commencing the prosecution evidence. This Court will be loath to interfere with the proceedings at this distance of time. The remedy of the petitioners is to face trial. In case a question of identity doesn't arise for consideration the petitioners may apply for personal exemption by incorporating the necessary averments. As and when such a petition is filed the learned Magistrate shall consider the same favourably and shall not insist on the personal appearance of the petitioners unless it is Crl.M.C.No.3453/2010 : 2 : inevitable at any subsequent stage of the trial. It shall be open to the petitioners to raise all the defences available to them in law. Reserving the above right of the petitioners this Criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj