IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 Crl.MC.No. 3087 of 2010 ---------------------------------- (CR.NO.222/09 OF GURUVAYOOR POLICE STATION, PENDING BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS, CHAVAKKAD) ................. PETITIONER/ACCUSED: ---------------------------------- 1. BHANUMATHY AMMA, AGED 60, D/O.LATE P.N.PANICKER, H.NO.15/674, KUNNATHURMEDU VILLAGE, PALAKKAD DISTRICT-678 013. 2. GOPIKUMAR, AGED 64, K.K.NIVAS, SOUTH PAVADI, KOLLAMKODU, PALAKKAD DISTRICT. BY ADV. SMT.DHANYA P.ASHOKAN. RESPONDENTS/STATE/DEFACTO COMPLAINANT: ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJITH, 38 YEARS, S/O.LATE RAMANUNNI MENON, NARAYANA NIVAS, THIRUVENKIDAM, GURUVAYOOR, CHAVAKKAD, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. HRITIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ----------------------------------------- Crl.M.C.No.3087 of 2010 ------------------------------------------ Dated this the 3rd day of August, 2010 ORDER The petitioners, who are accused Nos.1 and 2 in Crime No.222 of 2009 of Guruvayoor Police Station for offences punishable under Sections 452, 427, 506(1) read with Section 34 I.P.C., seek to quash Annexure-I, II and V and further 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 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. 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 Crl.M.C.No.3087/2010 : 2 : 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. V.RAMKUMAR, JUDGE skj