IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2531 of 2010()
1. NARAYANAN NAIR, S/O.GOVINDA PILLAI,
... Petitioner
2. JYOTHISH, S/O.NARAYANAN NAIR,
3. MADHU, S/O.PONNAMMA,
4. RAJEEV, NAMBIYATH KIZHAKKATHIL HOUSE,
5. THANKAMMA, MADATHIL HOUSE,
6. PONNAMMA, MADATHIL HOUSE,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KRISHNANKUTTY, S/O.KARTHIYAYANI AMMA,
For Petitioner :SRI.VINOD J.DEV
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 2531 of 2010
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Dated this the 7th day of July, 2010
ORDER
Petitioners, who were accused in Crime No.61/2009 of
Venmani Police Station for offences punishable under Sections
143, 147, 149, 447, 188, 427, 294(b) and 506(1) read with 149
IPC and now pending before the J.F.C.M Court-I, Chengannur
as C.C.No.1044/2009 seek to quash all proceedings pending
against them.
2. Admittedly, the learned Magistrate after framing
charge has posted the case for prosecution evidence. Since
the trial has already started before the learned Magistrate,
this Court will not be inclined to quash the proceedings
against the petitioners. If a question of identity does not arise
for consideration during the trail, petitioners may file a
petition for personal exemption incorporating appropriate
averments. If such a petition is filed, the learned Magistrate
shall consider the same and pass favourable order exempting
the petitioners from personal appearance unless their
personal appearance is inevitable at any subsequent stage of
the trial. Reserving the above right of the petitioners, this
Criminal M.C is dismissed.
V.RAMKUMAR, JUDGE
dmb