IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1914 of 2010() ------------------------- C.C.NO.314/2009 ON THE FILE OF THE JFCM-I, KOTTAYAM PETITIONER(S): ACCUSED ------------------------------------------- BINDHU PHILIP,W/O,.SUNIL JACOB, ELAVUMKAL HOUSE, SEMINARI BHAGOM,VADAVATHOOR KARA, VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------------------------------- 1. JACOB KURIAN,S/O.CHACKO KURIAN, ELAVUMKAL HOUSE,SEMINARI BHAGOM, VADAVATHOOR KARA,VIJAYAPURAM VILLAGE,KOTTAYAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1914 of 2010 = = = = = = = = = = = = = = Dated:03.06.2010 ORDER Petitioner, who is the sole accused in Crime No.110/2009 of Manarkad Police Station for offences punishable under Sections 323,352,294(b) and 506(i) IPC seeks to quash Annexure I FIR and Annexure II final report in C.C.No.314/2009 on the file of the J.F.C.M-I, Kottayam. 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 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. 3. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly if the petitioner files an application for discharge 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 petition. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 3rd day of June, 2010. V. RAMKUMAR, JUDGE sj