High Court Kerala High Court

Sunil vs State Of Kerala on 28 January, 2011

Kerala High Court
Sunil vs State Of Kerala on 28 January, 2011
       

  

  

 
 
  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.
            ====================================
                      Crl. M.C. No.203 of 211
            ====================================
          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