The petitioner is the first accused in C.C. No.199/2003 of Judicial First class Magistrate, Ponnani. He and another accused are facing trial for offences punishable under sections 406, 408 and 420 r/w 34 I.P.C. The defacto complainant therein was examined in part as PW1. The accused are stated to be the near relatives of PW1. The case of the Prosecution is that while PW1 was away, engaged in the construction of his house, the management of the toddy business was entrusted with the accused. They were to keep the accounts. Subsequently, it was revealed that the accused misappropriated a sum of `13,69,283/- by manipulating the accounts of the business. It was also alleged that by forging documents it was made to appear that they had remitted the amount towards toddy worker’s welfare fund and without remitting that amount they committed criminal breach of trust to the tune of `1,00,236/-.

2. If is submitted by the learned counsel for the complainant that two witnesses have filed applications before the trial Court in advance, stating that the allegation in the complaint is not true. An application was filed by the Assistant Public Prosecutor, Grade I, before the Court below o