IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3620 of 2008() ------------------------- CC.1110/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ACCUSED NO.3 ---------------------- T.G.ALEXANDER, S/O. GEORGE, THOTTUMUKHATU HOUSE, PNRA.P8, PRIYADARSHINI JUNCTION, PANGUMMODU, THIRUVANANTHAPURAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3620 of 2008 ------------------------------------- Dated this the 3rd day of October, 2008 ORDER Petitioner is one of the accused and he along with the co- accused faces indictment in a prosecution for offences punishable, inter alia, under Sections 420 and 409 I.P.C. According to the petitioner, he is entitled for discharge and the proceedings have been vexatiously initiated against him. He prays that he may be permitted to advance his plea for premature termination by discharge under Section 239 Cr.P.C. His personal presence may not be insisted to stake the claim for discharge. Similar order has been granted to one of the co-accused as per order dated 18.01.2008 in Crl.M.C.No.218 of 2008. In these circumstances, identical directions may be issued in favour of the petitioner herein also, it is prayed. 2. I find the request to be justified. There shall be direction that the petitioner shall be permitted to appear through counsel and advance his plea for discharge. The learned Magistrate shall consider such plea and take appropriate decision. Only if the learned Magistrate decides to frame charges against the petitioner, shall/need the personal presence of the petitioner be insisted by the learned Magistrate. 3. This Crl.M.C is allowed to the above extent. (R.BASANT, JUDGE) rtr/-