IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3465 of 2010() ---------------------------------------- AGAINST THE ORDER DATED 20/05/2009 IN CMP 4066/09 IN CC.568/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): IST ACCUSED ------------------------------------------------- VISHNU, S/O.BABU, ANU BHAVAN, MALAYKKAL DESOM, KILIMANOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3465 of 2010 = = = = = = = = = = = = = = Dated: 18.08.2010 ORDER Petitioner, who is the 1st accused in C.C. No.568/2009 on the file of J.F.C.M-II, Attingal challenges Annexure 3 order dated 20.5.2009 passed by the Magistrate dismissing his application (C.M.P.No.4066/2009) seeking personal exemption during trial. 2. Since the petitioner had stated in Annexure A2 application filed under Section 205 Cr.P.C that he will not raise any question of identity, the learned Magistrate should have allowed the application. Anyway if the petitioner files an application under Section 205 Cr.P.C incorporating the appropriate averments including, i) that he will not raise the question of identity ii) that he will not question the procedure of trial during his absence. iii) and that examination under Section 313 Cr.P.C can be carried out by resort to Sub-section 5 of Section 3131, the learned Magistrate shall consider his application favourably and shall not insist upon the personal appearance of the petitioner during the trial of the case unless it is inevitable to do so at any subsequent stages of the case. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 18 th day of August, 2010. V. RAMKUMAR, JUDGE sj