IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 3252 of 2010() -------------------------------------- CC.NO.179/2005 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,ALATHUR ..... (CRIME NO.301/1998 OF ALATHUR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. HASSAN KOYA,S/O.HUSSAIN,AGED 58 YEARS, MEKKOTH HOUSE,CHOOLAMVAYAL,KUNNAMANGALAM PO,CALICUT. 2. C.V.MOYINKUTTY,S/O.MOIDEEN HAJEE, AGED 59 YEARS,CHERUVALATH HOUSE, PO KUNNAMANGALAM,CALICUT. 3. K.P.JAYARAJAN,S/O.SIVARAMAN,AGED 58 YEARS,"BAVANA",(KARTHIKA),EAST HILL,CALICUT-5. 4. AZEEZ,S/O.ALIYAR,AGED 47 YEARS, PETTUKUNNEL,CHELLIYAMPARA,VELLATHOOVAL,IDUKKI. 5. MOIDEEN.A.P,S/O.IMBICHI MAMMI HAJEE, CHOOLAMVAYAL,KUNNAMANGALAM PO,CALICUT. BY ADV. SRI.RENJITH B.MARAR RESPONDENT(S): COMPLAINANT & DE FACTO COMPLAINANT: --------------------------------------------------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CBCID,PALAKKAD,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3252 of 2010 = = = = = = = = = = = = = = Dated: 10th day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.301/1998 of Alathur Police Station for an offence punishable under Section 420 read with 34 IPC, seek their discharge in absentia in C.C.No.179/2005 on the file of the J.F.C.M Court, Alathur. 2. 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 10th day of August, 2010. V. RAMKUMAR, JUDGE dmb