IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2320 of 2010() ------------------------- CMP.19075/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED 1 TO 3 ------------------------------------------------------- 1. OLYMPUS TRAVELS PVT.LTD., SAVITHA COMPLEX,MODEL SCHOOL JUNCTION, THAMBANOOR POST,THIRUVANANTHAPURAM,REPRESENTED BY ITS CHAIRMAN MURALEEDHARAN,KUNNATHULLI VEEDU, T.C.25/623, NEAR MUSIC ACADEMY JUNCTION, TRIVANDRUM-14. 2. MURALEEDHARAN,45 YEARS, KUNNATHULLI VEEDU,T.C.25/623,NEAR MUSIC ACADEMY JUNCTION, TRIVANDRUM. 3. OMANA MURALEEDHARAN,45 YEARS, W/O.KUNNATHULLI MURALEEDHRAN, KUNNATHULLI VEEDU,T.C.25/623, NEAR MUSIC ACADEMY JUNCTION,TRIVANDRUM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------------- 1. BHARATHAN,58 YEARS, S/O.RAMAN, PERINGATHARA VEEDU,PUCHINNIPPADOM DESOM,CHOVVUR VILLAGE,THRISSUR TALUK,THRISSUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY STATE PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.2320 of 2010 = = = = = = = = = = = = = = Dated: 08.07.2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No.14/2009 on the file of J.F.C.M -I, Thrissur for offences punishable under Sections406,420 & 120(b) read with 34 IPC seek to quash Annexure A complaint and further proceedings. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and hold that the prosecution of the petitioners is groundless and the same is liable to be quashed. The appropriate remedy of the petitioners is to plead for a discharge before the Court below. 3. 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 8th day of July, 2010. V. RAMKUMAR, JUDGE sj