IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 2965 of 2010() ------------------------- (CRIME NO.221/2009 OF NORTH POLICE STATION, ALAPPUZHA) CC.702/2009 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONERS: ACCUSED ---------------------- 1. LAWRENCE ALIAS UNNI, S/O.JOHNY, PALLIPARAMBIL VEEDU, WARD NO.20, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 2. GEORGE LUIS, S/O.STEPHEN, VALIYAPARAMBU VEEDU, WARD NO.20, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 3. MARSHAR @ SHARON, S/O.JOHNKUTTY, PALLIPARAMBIL HOUSE, WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 4. REJI, S/O.LAWRENCE, THAIPARAMBIL VEEDU, WARD NO.20, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 5. IMMANUVEL, S/O.JAMES, VAREKKAD VEEDU, WARD NO.10, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 6. PETER, S/O.VARGESE, PALLIPARAMBIL VEEDU, WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 7. RANJITH, S/O.RAVEENDRAN, POKKATHIL VEEDU, WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA V. Crl.MC.No. 2965 of 2010 RESPONDENTS: STATE DEFACTO COMPLAINANTS ----------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MARTIN, S/O.VINCENT, VALIYATHAYYIL WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 3. MINI, W/O.MARTIN, VALIYATHAYYIL WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 4. SHEEBA, W/O.JOY, VALIYATHAYYIL WARD NO.18, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 5. ELAMMA, W/O.VARGESE, VELLAVANAD HOUSE, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 6. MARY, W/O.JOSEPH SHAJI, KDAVAIL HOUSE, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. 7. JOSEPH SEBASTIAN, VALIYATHAYYIL HOUSE, MARARIKKULAM SOUTH PANCHAYATH, ALAPPUZHA. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.2965 of 2010 ---------------------------------------- Dated this the 16th day of August, 2010 ORDER Petitioners, who are accused in Crime No.221/2009 of North Police Station, Alappuzha for offences punishable under Sections 143, 147, 148, 149, 448, 427 & 507(2) of I.P.C., seek to issue a direction to the Chief Judicial Magistrate, Alappuzha to dispose of C.C.No.702/2009 at the earliest. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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. Crl.M.C.No.2965 of 2010 2 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 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. It shall be open to the 6th accused to highlight before the Magistrate concerned the fact that he has already been advised by the Public Service Commission for appointment to Government Service. V.RAMKUMAR, JUDGE skj