IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Crl.MC.No. 3229 of 2010() -------------------------------- CC.66/2010 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): ACCUSED ------------------------------------- ABDULLA KUNJU,S/O.LATE MOHAMMED KUNJU, MANATTU VEEDU,NJALAKAM MURI,THRIKKAKARA NORTH, ERNAKULAM (DIST.) BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ............................................... Crl.M.C..No. 3229 of 2010 ................................................ Dated: 6th August, 2010 ORDER Petitioner who is the accused in C.C. 98 of 2005 now re-filed as C.C. 66 of 2010 on the file of the J.F.C.M. Mavelikkara, for offences punishable under Sections 477 -A, 468, 407 and 420 read with Sec. 34 I.P.C. seeks a direction to the said Magistrate to consider his bail application on the date of filing itself. Alternatively the learned counsel for the petitioner submitted that the prosecution records do not make out the aforesaid offences and hence prayed for quashing the proceedings. 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 Crl. M.C. No. 3229 of 2010 2 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 counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. 4. Petitioner may also highlight the fact that the co- accused in the case have been acquitted. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 6th day of August, 2010. V. RAMKUMAR, JUDGE