IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Crl.MC.No. 2151 of 2010() ------------------------------------------ CRIME NO.482/2009 OF VARANTHARAPPILLY POLICE STATION PETITIONER(S): ACCUSED --------------------------------------------- 1. V.K.ULLAS,S/O.KARTHIKEYAN, VARRISSERI HOUSE,P.O.CHERAYI, ERNAKULAM DISTRICT. 2. TINDU.V.U,S/O.V.K.ULLAS, -DO- BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------------------------------------------------------------------------------------- 1. STATE,SUB INSPECTOR OF POLICE, VARANTHARAPPILLY,(CRIME NO.482/2009)REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUJATHA.O.R,W/O.LALU,PONOTH HOUSE, PALLIPOT.P.O,PALLIPURAM VILLAGE, ERNAKULAM DISTRICT,PIN:683 515. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2151 of 2010 = = = = = = = = = = = = = = Dated:18.06.2010 ORDER Petitioners, who are the accused in Crime No.482 of 2009 of Varantharappilly Police Station for offences punishable under Sections 420, 294(b) and 506(ii) read with 34 IPC, seek to quash Annexure X and further proceedings in C.C.No.1312 of 2010 on the file of the J.F.C.M, Irinjalakuda. 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 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 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. Dated this the 18th day of June, 2010. V. RAMKUMAR, JUDGE sj