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. 3378 of 2010() ------------------------- SC.147/2009 of ADDL.SESSIONS COURT (ADHOC) FAST TRACK COURT NO.II, PATHANAMTHITTA. .................... (O.R.NO.41/2002 OF PATHANAMTHITTA EXCISE RANGE) PETITIONER(S): ACCUSED: ----------------------------------------- K.SURESH, S/O.KUNJU PILLAI, CHIRAYIL THEKKETHIL VEEDU, CHARUMOODU DESOM,NOORANAD VILLAGE, MAVALIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENT: ------------------------------------------------- 1. EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3378 of 2010 = = = = = = = = = = = = = = Dated: 16.08.2010 ORDER Petitioners, who are the accused in O.R. No.41/2002 of Excise Range, Pathanamthitta for offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act, seek a permission to plead for discharge in absentia. 2. 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. V. RAMKUMAR, JUDGE sj