IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Crl.MC.No. 3784 of 2007() ------------------------- CC.421/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER: ACCUSED -------------------------------------- KAMARUDHEEN, S/O.AHAMMAD SAIPU, AGED 49 YEARS, RESIDING AT SUHABI MANZIL, VADAKKENCHERY NO.II VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3784 of 2007 = = = = = = = = = = = = = = Dated this the 15th day of January, 2008 ORDER The limited prayer of the petitioner, who was the 2nd accused in Crime No.170 of 2000 of Vadakkancherry Police Station for offences punishable under Sections 447 and 427 read with 34 IPC and who is the sole accused in C.C.No.421 of 2006 after the case against him was re-filed, is that, since the petitioner is working abroad, his counsel may be permitted to file a petition for discharge of the petitioner and the presence of the petitioner may not be insisted for the disposal of the discharge petition. According to the petitioner, the co-accused in the case were acquitted after trial in C.C.No.205/2001, as evidenced by Annexure III judgment dated 27.10.06. That is the ground on which the petition for discharge is sought to be filed. 2. I see no reason why the limited prayer of the petitioner cannot be granted. Accordingly, the petitioner, who is the accused in C.C.No.421 of 2006 on the file of J.F.C.M, Alathur, is permitted to file a petition for discharge through his counsel. The learned Magistrate shall consider the said petition and pass Crl.M.C.No.3784 of 2007 2 appropriate orders after hearing the counsel for the petitioner. The presence of the petitioner shall not be insisted till the disposal of the discharge petition. The petition for discharge shall be filed within a period of two weeks from today and the same shall be disposed of expeditiously and in accordance with law. Warrant, if any, issued against the petitioner shall not be executed till the disposal of the discharge petition to be filed by the petitioner through his counsel. V. RAMKUMAR, JUDGE sj