IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 203 of 2011()
1. SUNIL,AGED 35 YEARS,S/O.LAKSHMIKANTH,
... Petitioner
2. LEELA, AGED 58 YEARS,
3. SANDHYA SURAJ,
4. AMMINI, AGED 65 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. RASMI, D/O. RAVIKUMAR,
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :28/01/2011
O R D E R
THOMAS P.JOSEPH, J.
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Crl. M.C. No.203 of 211
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Dated this the 28th day of January, 2011
O R D E R
Petitioners are accused in C.C. No.1647 of 2009 of the court
of learned Judicial First Class Magistrate, Irinjalakuda for offence
punishable under Sections 406 and 498A read with Section 34 of
the Indian Penal Code arising from the final report submitted by
the police in Crime No.205 of 2009 of Puthukkad Police Station.
Prosecution case is that petitioners subjected respondent No.2 to
cruelty physically and mentally to coerce her to get more dowry,
misappropriated gold ornaments and money and thereby
committed the offence. Though various contentions are raised in
the petition at the time of hearing learned counsel confined his
submission to a request to grant exemption to the petitioners from
personal appearance in the trial court. In the light of the decision
in TGN Kumar v. State of Kerala (2011 [1] KHC 142 (SC)
question whether petitioners are to be exempted from appearance
is a matter which the trial court has to decide on the facts and
materials before it. Hence I direct that in case any application is
filed by any of petitioners seeking exemption from personal
CRL.M.C. No.203 of 2011
-: 2 :-
appearance, learned Magistrate shall consider the said
application having regard to the circumstances of the case
including whether it is necessary for petitioners to appear in
person in court and pass appropriate orders.
Criminal Miscellaneous Case is disposed of with the above
direction.
THOMAS P. JOSEPH, JUDGE.
vsv