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. 2427 of 2010() ------------------------- CC.317/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): 2ND ACCUSED -------------------------- SANTHOSH NAIR, S/O.BHASKARAN NAIR, AGED 35 YEARS, AREA COLLECTION MANAGER, KERALA BAJAJ AUTO FINANCE COMPANY LTD., 4TH FLOOR, MANJOORAN BUILDING, EDAPPALLY, COCHIN-24. BY ADV. SRI.T.S.RAJAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. KURIAN @ SAJAN, S/O.ABRAHAM, AGED 32 YEARS, MARAMVELIL HOUSE, PANAMPADY KARA, VELOOR.P.O, VELOOR VILLAGE, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI. C.S. HRITHICK 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.2427 of 2010 ............................................ Dated: Ist day of July 2010 ORDER Petitioner who is the accused in Crime No. 319 of 2009 of Kottayam West Police Station for an offence punishable under Sec. 379 I.P.C. seeks to quash C.C. No.317 of 2009 on the file of the J.F.C.M. III, Kottayam. 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 petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner 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 petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. This Crl.M.C is disposed of reserving the above right of the petitioner. V. RAMKUMAR, JUDGE ani