IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 611 of 2008() ------------------------ CC.977/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER: ------------------- DR. MARY ABY, AGED 40 YEARS, W/O.ALEX THOLAMKULAM HOUSE, PANCODE P.O., PUTHENCURZ KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ----------------------- 1. STATE OF KERALA/S.I. OF POLICE ALLAPPY NORTH POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. JAYARAJ, S/O.KESAVAN, AGED 36 YEARS ASHA BHAVAN, MAMOODU JN-EAST, KARALAKAM VARD ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.611 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of February, 2008 ORDER The petitioner, who is the 3rd accused in C.C.No. 977/2006 on the file of J.F.C.M, Alappuzha for an offence punishable under Section 420 read with 34 IPC, seeks to quash the said proceedings before the Magistrate. 2. It is too early to consider the contention of the petitioner that she has been falsely implicated in the case. Both the FIR as well as the final report do make an allegation against her. No doubt, only if the allegation is proved by satisfactory evidence, it can be said that the charge against her is substantiated. If the court below has not framed the charge, the petitioner can plead for a discharge, in absentia. The petitioner can also surrender before the learned Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the learned Magistrate and files an application for regular bail within a period of two weeks from today, the same shall be considered and disposed of, on merits, preferably on the same date on which it is filed. Until then, warrant, if any, pending against the petitioner Crl.M.C.No.611 of 2008 2 shall not be executed. The petitioner is also given permission to plead for a discharge, in absentia , during the aforesaid period. In case the petitioner files an application for discharge, within two weeks from today, the learned Magistrate shall dispose of the same, without insisting on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE sj /True Copy/ P.A To Judge