IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE IST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 4460 of 2010() ------------------------- LP.39/2005 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM .................... PETITIONER/2ND ACCUSED:- --------------------------------------- KRISHNAKUMAR, S/O.MUNISWAMI, INDRAPRASTHAM VEEDU, T.C. 41/1067, NEAR KURIATHY PUTHENKOTTA JUNCTION, MANAKAD WARD, MANAKAD VILLAGE, THIRUVANANTHAPURAM. (*) KRISHNAKUMAR, S/O.RAJU. ASHWATHY NIVAS, T.C.28/656, PLANCHERYLANE, PUNNAPURAM, SREEKANTESHWARAM, THIRUVANANTHAPURAM. [ (*) Address corrected as per order in Crl.MA.No.4839/2011 dated 1.8.2011.] BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENTS/DEFACTO COMPLAINANT & STATE:- -------------------------------------------------------------------------- 1. RAJESH K., S/O.G.KUMARAN, 'PANDARAVILAKATHU', T.C. 28/2603, KUNNUMPURAM, VANCHIYOOR WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT. 2. THE STATE OF KERALA, REP: BY ITS PUBLIC PROSECUTOR, HIGH COIURT OF KERALA. SRI.C.S.SAJADH FOR R1 PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4460 of 2010() APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.137/1999 OF VANCHIYOOR PS. ANNEXURE B: ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE FIRST RESPONDENT. ANNEXURE C: PHOTOCOPY OF THE ORDER DATED 28.7.2010 IN CRL.M.C.NO.2840/10. ANNEXURE D: ORIGINAL AFFIDAVIT BY CW2 DATED 23.4.2011. RESPONDENTS' ANNEXURES:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- B.P. RAY, J. = = = = = = = = = = = = Crl.M.C.No.4460 of 2010. = = = = = = = = = = = = Dated this the 4th July, 2011. O R D E R Heard the learned counsel for the petitioner, learned counsel for the first respondent and learned Public Prosecutor for the second respondent, the State. 2. Petitioner who is the accused in Crime No.137 of 1999 of Vanchiyoor Police Station for offences punishable under Sections 452, 323 and 307 read with Sec.34 IPC and whose case is now pending before the Addl.Sessions Court, Fast Track-I, Thiruvananthapuram as LP.No.39 of 2005 seeks to quash Annexure-A final report in the above Crime. 3. It is too early for this Court exercising jurisdiction under Section 482 Crl.PC to meticulously scan the voluminous prosecution records and hold that the prosecution of the petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner is to plead for a discharge before the court below. Crl.M.C.No.4460/2010. 2 4. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge. Accordingly if the petitioner files an application for discharge on or before 26.7.2011 before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge application, he shall be released on bail. 5. This Crl.M.C. is disposed of reserving the above right of the petitioner. The petitioner shall also highlight the fact that the 3rd accused had already been acquitted after trial and the matter has since been settled between the defacto complainant/injured and the petitioner. B.P. RAY, (Judge) Kvs/-