IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2161 of 2010() ------------------------- AGAINST THE ORDER IN CMP 4395/2010 IN CC.116/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED NOS. 3 TO 5 --------------------------------------------------------------- 1. ACHAMMA CHACKO, PALAKKAL VEEDU, MEMURI, MANJOOR, VAIKOM, KOTTAYAM. 2. LINO JOY, POWATHIL VEEDU, KUMBANADU, CHANGANASSERY, KOTTAYAM. 3. NITHA KURIACHAN, PALAKKAL VEEDU, ELAMKULAM, ERNAKULAM. BY ADV. SRI.O.V.MANIPRASAD SRI.LIJO KURIAN JOSE RESPONDENT(S): COMPLAINANT --------------------------------------------------- THE STATE OF KERALA, (REPRESENTED BY THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, KOCHI, CRIME NO.460/2005 OF KOLLAM EAST POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2161 of 2010 = = = = = = = = = = = = = = Dated:18.06.2010 ORDER Heard both sides. 2. Petitioners, who are accused Nos.3 to 5 in C.C.No.116/2009 on the file of the Chief Judicial Magistrate, Kollam ,challenges Annexure A4 order dated 28.5.2010 passed by the Chief Judicial Magistrate, Kollam dismissing their application CMP No.4395/2010 filed under Section 205 Cr.P.C seeking personal exemption during the trial of the said case. 3. All the petitioners are women . The 3rd petitioner has delivered a child recently. Having regard to the facts and circumstances of the case, I see no reason why the personal exemption from appearance should not have been granted to the petitioners during the trial of the case. Annexure A4 order is accordingly set aside and CMP No.4395/2010 shall stand allowed. It is made clear that the trial court shall have the right to summon the petitioners at any time in case their personal appearance is felt necessary at any stage of the trial. Warrants, if any, pending against the petitioners shall stand recalled. This Crl.M.C is disposed of as above. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE sj