IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Crl.MC.No. 2715 of 2010() ------------------------- (RC.13(A)/2008/CBI/KER IN C.C.No.28/2010 OF C.J.M. ERNAKULAM) PETITIONERS: ACCUSED 1 & 2: ----------------------------- 1. M.S.RAM, S/O.MATHEVAN PILLAI, DIRECTOR, M/S.SURYA SAMUDRA HOLIDAY RESORT PVT.LTD., PULINKUDI, MULLUR POST, TRIVANDRUM. 2. M/S.SURYA SAMUDRA HOLIDAY RESORT PVT.LTD., PULINKUDI, MULLUR POST, TRIVANDRUM, REPRESENTED BY SMT.ANJU CHANDRASEKHAR. BY ADV. SRI.S.SREEKUMAR SRI.V.V.NANDAGOPAL NAMBIAR SRI.P.MARTIN JOSE SRI.P.PRIJITH RESPONDENT: --------------- CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY THE RETAINER COUNSEL HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2715 of 2010 ---------------------------------- Dated this the 16th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.RC.13(A)/08/CBI/KER for offences punishable under Sections 120B read with Section 420 I.P.C., seek to quash Annexure-II Final report and further proceedings in C.C.No.28 of 2010 on the file of the Chief Judicial Magistrate, Ernakulam. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2715/2010 : 2 : 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 16th day of July, 2010. V.RAMKUMAR, JUDGE skj