IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2607 of 2010() ------------------------- SC.896/2007 of ADDL.SESSIONS COURT (ADHOC)III, TRIVANDRUM .................... PETITIONER(S): --------------- BAIJU S/O.KUTTAPPAN, CHARUVILA PUTHEN VEEDU, THIRUVALLOM DESOM, THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT(S): STATE: --------------------- 1. THE STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BHASKARAN, S/O.KOCHUVELU, AGED 52 YEARS, VAZHAMUTTOM KUNNIN HOUSE, THIRUVALLAM, THIRUVANANTHAPURAM-695038 3. ASOKAN, S/O.KUTTAN, RAHUL BHAVAN, PANANGODE, PULIKODE, NEDUMANGADU, THIRUVANANTHAPURAM-695009 BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2607 of 2010 = = = = = = = = = = = = = = Dated: 14th day of July, 2010 ORDER Petitioner, who is the 5th accused in Crime No.20/1994 of Kovalam Police Station for offences punishable under Sections 143, 147, 148, 452, 395 and 506(ii) read with 149 IPC, seeks to quash Annexure A final report and all further proceedings in S.C.No.896/2007 on the file of the Additional Sessions Judge (FT-III), Thiruvananthapuram. 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 Crl. M.C. No.2607 of 2010 2 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. The petitioner may also highlight the fact that the co-accused in the case have already been acquitted after trial in S.C.No.1747/2001. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 14th day of July, 2010. V. RAMKUMAR, JUDGE dmb