IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Crl.MC.No. 3638 of 2009() ------------------------- CC.56/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED NO.1,2 & 3 ------------------------------ 1. K.V.RAMESHAN,S/O.BALAN, AGED 33 YEARS,RESIDING AT KALLIYARAVEETTIL THAZHE, P.O.MAVILAYI,KANNUR. 2. K.V.BALAN,S/O.KUNDAN, AGED 68 YEARS,KALLIYARAVEETTIL THAZHE, P.O.MAVILAYI. 3. MYTHILI,W/O.BALAN, AGED 65 YEARS,KALLIYARAVEETTIL THAZHE, P.O.MAVILAYI,KANNUR DISTRICT. BY ADV. SRI.K.V.PAVITHRAN SRI.ANIL.D.KAITHAKKAL SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): ------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, EDAKKAD POLICE STATION,KANNUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. K.SHELNA,D/O.LAKSHMANAN, AGED 25 YEARS,KARIKKAN HOUSE,KURUVA, P.O.KADALAYI,KANNUR DISTRICT. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU SRI.P.K.RAVISANKAR FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ........................................... Crl.M.C. No. 3638 of 2010 ........................................... Dated: 5th day of July, 2010 ORDER Petitioners, who are accused Nos. 1, 2 and 3 in Crime No.215 of 2007 of Edakkad Police Station for an offence punishable under Section 379 read with Sec. 34 I.P.C. and whose case is now pending before the Addl. Chief Judicial Magistrate, Thalassery as C.C. No. 234 of 2008, seek to quash Annexure A8 order framing charge against the petitioners. 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 Crl. M.C. No. of 2010 2 shall not insist on the personal appearance of the petitioners for the disposal of the discharge petition. The petitioners can highlight the fact that the co-accused in the case have been acquitted after trial . This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 5th day of July, 2010. Sd/-V. RAMKUMAR, JUDGE ani/ /true copy/ P.S. to Judge