IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2342 of 2010() ------------------------- CRIME NO.438/2007 OF KANJAR POLICE STATION C.C.NO.76/2009 OF J.F.C.M COURT, THODUPUZHA -------------------------------- PETITIONER(S): ACCUSED ---------------------- 1. SREENISH.K.S,BSNL QUARTERS,IST FLOOR, HEAD POST OFFICE ROAD,ALLEPPEY. 2. PRATHEESH.K.P,KARTHIKA NIVAS, PANDOOR.P.O,KARIMANNOOR. 3. SIBIN KANEER.M.K,KAROOR HOUSE, S/BATHERY.P.O,WAYANAD. 4. GOKUL KUNNAMKOTTU,S/O.ALEXANDER KUNNAMKOTTY,KUNNAMKOTTU HOUSE,THEKKUMBHAGAM.P.O, THODUPUZHA. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SANOOP,S/O.VIJAYAN,AGED 19 YEARS, POOVATHUNGAL VEEDU,OLAMATTOMKARA,THODUPUZHA VILLAGE,PIN-886534. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2342 of 2010 = = = = = = = = = = = = = = Dated:14th day of July, 2010 ORDER Petitioners, who are accused Nos.1, 3, 4 and 6 in Crime No.438/2007 of Kanjar Police Station and now pending before the Chief Judicial Magistrate Court, Thodupuzha as C.C.No.76/2009 for offences punishable under Sections 143, 147, 341 and 323 read with 149 IPC, seek to quash the complaint and all subsequent proceedings. 2. The learned Magistrate has not framed charge yet and the case stands posted for framing charge. Having regard to the fact that the petitioners and the 2nd respondent complainant are Engineering students, 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. Crl. M.C. No.2342 of 2010 2 3. In case the learned Magistrate does not discharge the petitioners but instead, frames a charge against them, they will be entitled to apply for personal exemption during trial by incorporating the necessary averments. The learned Magistrate shall consider the application for personal exemption favourably, if he is convinced that a question of identity of the petitioners does not arise for consideration during trial. Reserving the above right of the petitioners, this Criminal M.C is disposed of. Dated this the 14th day of July, 2010. V. RAMKUMAR, JUDGE dmb