IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2847 of 2009() ------------------------- CC.707/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): IST ACCUSED -------------------------- S & S INDUSTRIES AND ENTERPRISES LTD., AROOT TALUK, VELLORE DISTRICT, TAMIL NADU, REP. BY ITS AUTHORIZED SIGNATORY THE DY. GENERAL MANAGER. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): COMPLAINANT/ACCUSED 2 TO 4 ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. FOOD INSPECTOR, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 3. I.C.A.(MADRAS) PRIVATE LIMITED, A-4, FIRST MAIN ROAD, AMBATHUR INDUSTRIAL ESTATE, CHENNAI-600058, REP. BY ITS MANAGING DIRECTOR. 4. M/S.SUPPLY POINT, XI/172A, PADANILAM JN., KAYAMKULAM-690502. 5. S.MOHAN, PRABHATH OIL COMPANY, T C 39/1465(1), KURIYATHI, NEAR KALYAN HOSPITAL, MANCAUD, THIRUVANANTHAPURAM. PUBLIC PROSECUTORMR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2847 OF 2009 -------------------------------------- Dated this the 26th day of July, 2010 ORDER Petitioner, who is the 1st accused in C.C.No.707/2008 on the file of the J.F.C.M Court-II, Thiruvananthapuram for an offence punishable under Section 16(1) (1A) of the Prevention of Food Adulteration Act 1954 seeks to quash Annexure A2 complaint and all further proceedings before the Magistrate. The proceedings pertain to 'Refined Sunflower Oil'. 2. Admittedly, the learned Magistrate has taken the plea of the petitioner under Section 251 Cr.P.C. If so, the trial of the case has started. Now the only course open to the petitioner is to face the trial. Since the petitioner and its officials are in Chennai, I am inclined to permit the petitioner to apply for personal exemption. Accordingly, if the petitioner applies for personal exemption during trial by filing a petition incorporating the necessary averments, the same shall be allowed by the learned Magistrate who shall not insist on the personal appearance of the petitioner unless it is inevitable at any subsequent stage of the trial. Reserving the above right of the petitioner, this Criminal M.C is disposed of. V.RAMKUMAR, JUDGE dmb