IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Crl.MC.No. 2083 of 2010() ------------------------- CC.5/2010 of ENQUIRY COMMR. & SPL. JUDGE, TRIVANDRUM .................... PETITIONER(S): ACCUSED 3&4 -------------------------------------------------- 1. DAVID WILLIAM ISSAC, MANGALA VILASAM PUTHEN VEEDU, PULAMAN, KOTTARAKKARA. 2. MATHEW WILLIAM @ MANOJ WILLIAM, WINNIE LAND, COLLEGE ROAD, PULAMAN, KOTTARAKKARA. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM RESPONDENT(S): STATE, COMPLAINANT AND ACCUSED 1,2 AND 5 -------------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, KOLLAM. 3. P.G.SURESH, S/O.P.K.GOVINDAN, SRUTHILAYA, SARAYOO NAGAR, ASRAMOM, KOLLAM FORMERLY SUPERINTENDING ENGINEER, KERALA STATE TRANSPORT PROJECT KOTTARAKKARA, KOLLAM. 4. P.HARIDASAN, S/O.RAMAN, MATHILAKOM VEEDU PUNNAKKULARA, ATHINADU, KARUNAGAPPALLY, FORMERLY SPECIAL TAHSILDAR, LAND ACUISITION NO.1, KOLLAM. CRMC NO.2083/2010 2 5. CHITHRA, W/O.BHASKARAN, REVATHI, VIKAS NAGAR, 71, THIRUMULLAVARAM P.O., KOLLAM WEST VILLAGE, FORMERLY SPECIAL REVENUE INSPECTOR, LAND ACQUISITION NO,.1, KOLLAM, NOW WORKING AS JUNIOR SUPERINTENDENT, (REVENUE RECOVERY), COLLECTORATE, KOLLAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2083 of 2010 = = = = = = = = = = = = = = Dated:14.06.2010 ORDER Petitioners, who are accused Nos.2 and 3 in V.C No.8/2007 before the Enquiry Commissioner and Special Judge, Thiruvananthapuram for offences punishable under Sections 120B IPC and 13(2) read with 13(1) (d) of the Prevention of Corruption Act, seek to quash Annexures A and AII and further proceedings in C.C.No.5/2010 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram . 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 14th day of June, 2010. V. RAMKUMAR, JUDGE sj