IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Crl.MC.No. 2361 of 2010() ------------------------- CC.105/2010 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED NO.3&6 in C.C.61/06 ----------------------------------------------------------------------------- 1. OMANAKUTTAN, AGED 38 YEARS, S/O.PARAMESHWARA PANICKER, VAYARAKKUNNIL VEEDU, NEDUMPRAYAR MURI, THOTTAPPUZHASSERY VILLAGE, PATHANAMTHITTA DISTRICT. 2. DINESH KUMAR, AGED 35 YEARS, S/O.PRABHAKARAN, PADINJATTETHIL ADIMURIYIL VEEDU, KANJEETTU KARA, AIYROOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENT --------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOIPURAM, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2361 of 2010 = = = = = = = = = = = = = = Dated:01.07.2010 ORDER Petitioners, who are accused Nos.3 and 6 in C.C. No.61/2006(re- filed as C.C.No.105/2010) on the file of the Chief Judicial Magistrate, Pathanamthitta for offences punishable under Sections 143,147 and 148 read with 149 IPC, seek to plead for a discharge. 2. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioners to plead for a discharge in absentia. Accordingly if the petitioners file an application for discharge before the court below through their counsel, that court shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 1st day of July, 2010. V. RAMKUMAR, JUDGE sj