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. 2401 of 2010() ------------------------- CC.608/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): ACCUSED ------------------------------------------- 1. GOPINATHAN NAIR S/O.VASUDEVAN PILLAI, AGED 72 YEARS KURAVANKONAM, BUND ROAD LANE, MARAPPALAM, PATTAM. 2. SOBHAKUMAR, AGED 44 , S/O.GOPINATHAN NAIR, PAURNAMI,HOUSE NO.60 CHEUKOTTUKONAM LANE, VATTIYOORKAVAU, THIRUVANANTHAPURAM. 3. GEETHA, AGED 42 YEARS W/O.SOBHAKUMAR, PAURNAMI, H.NO.60, CHEUKOTTUKONAM LANE, VATTIYOORKAVAU, THIRUVANANTHAPURAM. 4. KUMAR, AGED 40 YEARS, S/O.GOPINATHAN NAIR, T.C.NO.9/846, NAMATHA VEEDU SASTHAMANGALAM, TRIVANDRUM. 5. PADMA @ PADMAJA ,W/O.KUMAR T.C.NO.9/846, NAMATHA VEEDU SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SMT.T.SUJA Crl.MC.No. 2401 of 2010() 2 RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. JEEVA KUMARI, AGED 33 D/O.VASANTHAKUMARI AMMA VALIYETHEKKIL VEETTIL, NEAR KAVALOOR SCHOOL NAMAMPOOR, NOW RESIDING AT KRISHNA NIVAS, SREENIVASAGIRI, MADHAVA NAGAR,KARNATAKA STATE. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2401 of 2010 = = = = = = = = = = = = = = Dated:05.07.2010 ORDER Petitioners, who are accused Nos.2 to 6 in Crime No.49 of 2006 of Peroorkada Police Station for offences punishable under Sections 498A IPC, seek to quash further proceedings in C.C.No.608 of 2006 on the file of the J.F.C.M-II, 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 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 Crl. M.C. No.2401 of 2010 2 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. 4. In case the Magistrate frames charge against the petitioners they shall entitled to file an application for personal exemption during trial by incorporating appropriate averments. If the Magistrate is satisfied that a question of identity does not arise for consideration during trial, he shall allow personal exemption of the petitioners during trial. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 5th day of July, 2010. V. RAMKUMAR, JUDGE sj