IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 2988 of 2010() ------------------------- CC.587/2009 of Judicial Magistrate of the First Class-II, Mananthavady .................... PETITIONERS: ACCUSED 1 TO 3 ----------------------------- 1. M.JAYAN, MANAGING DIRECTOR, 12.C.LINK HIGHTS, PANAMPILLY NAGAR, COCHIN-682 026. 2. SOMADAS, KARIMBANAL VEETTIL, KAVUMMANDAM VILLAGE, VYTHIRI TALUK. 3. ASSAINAR, S/O.SAIDU, VATTAPARAMBIL VEETTIL, BIBLE LAND POST. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2988 of 2010 ---------------------------------- Dated this the 30th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 3 in C.C.No.587 of 2009 on the file of the Judicial Magistrate of the First Class-II, Mananthavady for offences punishable under Sections 27(i)(e)(iv)(iii) & (vi) of Kerala Forest Act, seek to quash Annexure A2 and further proceedings. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2988/2010 : 2 : 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 30th day of July, 2010. V.RAMKUMAR, JUDGE skj