IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 811 of 2011() ------------------------ CC NO.30/2010 OF JFMC, PALA PETITIONER/ACCUSED ---------------------- GEORGEKUTTY ABRAHAM, 184/1, ANITHOTTAM, MUDUPALAM, PALA, PALA TOWN, KOTTAYAM. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S/STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PALA. 3. MR.RAJESH, S/O.RAGHAVAN, AGED 32 YEARS, THAZHATHUPARAMBIL HOUSE, KARIKODE, THODUPUZHA. PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.811 of 2011 --------------------------------------- Dated this 22nd day of March, 2011 ORDER Petitioner is accused in C.C.No.30 of 2010 of the Court of learned Judicial First Class Magistrate, Pala for offences punishable under Secs.454 and 380 of the Penal Code. Case was registered on the complaint of the third respondent. Allegation is that petitioner who is the Branch Manager of M/s. Apollo Sindhoori Capital Investments Limited committed theft of articles belonging to that establishment on 02.06.2009 and 10.06.2009. Learned counsel requested that proceeding against petitioner may be quashed. It is contended that there is no recovery of any material object under Sec.27 of the Evidence Act. Petitioner is not questioned by the police. Learned counsel also submitted that it is not shown in whose possession the articles allegedly stolen were at the relevant time. I have heard learned Public Prosecutor also. 2. Merely for the reason that there is no recovery of the articles allegedly stolen, I do not think that this Court should quash proceeding under Sec.482 of the Code of Criminal Procedure particularly as prosecution has cited CWs.3 and 4 to Crl.M.C.No.811 of 2011 -: 2 :- prove the alleged incident. Effect of absence of recovery of articles is a matter which the trial court has to decide in deciding whether the prosecution has established its case. I am not inclined to think that this Court should quash the proceeding as if allegations are false. 3. Learned counsel has requested that petitioner may be granted exemption from personal appearance in the court below. I make it clear that it is open to the petitioner to make appropriate application before learned Magistrate for the said purpose and if any such application is made learned Magistrate shall consider whether petitioner could be granted permanent exemption subject to appropriate condition including that if any question of identity becomes necessary, petitioner shall appear in Court. With the above direction this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge