M.A.Thankamani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Crl.MC.No. 1554 of 2014 () --------------------------- CC 4/2013 of CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM PETITIONER/ACCUSED:
------------------- M.A.THANKAMANI, AGED 63 YEARS, W/O VASU, RICHOO'S BACKERY & COOL BAR, THIRUVANKULAM VILLAGE, THIRUVANKULAM P.O ERNAKULAM DISTRICT.
BY ADVS.SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY RESPONDENTS/ STATE AND COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.
2. C.K. VARGHESE KUTTY, AGED 58 YEARS, S/O LATE C.V. KURIAN, CHETHIMATTATHIL HOUSE, VAYALIL ROAD, THIRUVANKULAM P.O, ERNAKULAM DISTRICT-682 021.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 BY ADV. SRI.ANIL KUMAR M.SIVARAMAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/31/10/15
Crl.MC.No. 1554 of 2014 () --------------------------- APPENDIX PETITIONER'S ANNEXURES :
----------------------- ANNEXURE A1 COPY OF THE COMPLAINT IN CC NO 4/2013 IN THE FILE CJM COURT, ERNAKULAM.
ANNEXURE A2 COPY OF THE PLAINT O.S NO 489/2011 IN THE FILE OF THE MUNSIFF'S COURT, ERNAKULAM SUBMITTED BY THE COMPLAINANT. ANNEXURE A3 THE WRITTEN STATEMENT FILED BY THE IST DEFENDANT IN O.S NO 489/2011.
ANNEXURE A4 COPY OF THE I.A NO 4867/2012 FILED BY THE ACCUSED IN O.S NO 489/2011.
ANNEXURE A5 COPY OF THE JUDGEMENT PASSED BY THE HON'BLE MUNSIFF COURT IN O.S 495/2012.
ANNEXURE A6 AFFIDAVIT SIGNED BY MERCY SAJAN DATED 17.03.2014. RESPONDENTS' ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/31/10/15
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 1554 of 2014 ======================= Dated this the 28th day of October, 2015
O R D E R
The petitioner is the accused in C.C.No.4 of 2013 of the Chief Judicial Magistrate's Court, Ernakulam for the offences under Sections 499 and 500 IPC.
2. According to the petitioner, it was an accidental slip in having made such an averment in the written statement prepared by her Lawyer and it was not intentionally included in the written statement to defame the complainant.
3. On hearing either side, it has come out that the contentions presently being resorted to by the petitioner are matters based on evidence. It is too premature at this stage to
Crl.M.C. No.1554 of 2014 consider the merit or otherwise of the contentions resorted to by the petitioner.
4. The learned counsel for the petitioner has pointed out that the petitioner being an old woman, may be permitted to get exemption from personal appearance before the court below as far as practicable.
5. The court below shall grant exemption to the petitioner as far as practicable. At the same time, during evidence in the matter, in case the petitioner wants exemption, she shall file an affidavit before the court below that she has no challenge regarding the identity.
With the said observations, this Crl.M.C. is dismissed. Sd/- B.KEMAL PASHA JUDGE DSV/28/10/15 // True Copy // P.A. To Judge