IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 2286 of 2010() ------------------------- CC.33/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER(S): PETITIONER ------------------------------------------------ 1. BICHIKOYA.V, AGED 55 YEARS, S/O.VEERANKUTTY, ELADTH KAKKAT HOUSE, POLIYEDATH THAZHAM, VAZHOOR AMSOM,KOZHIKODE. 2. MUHAMMED, SHAFI, AGED 29 YEARS S/O.BICHIKOYA, ELADATH KAKKAT HOUSE POLIYEDATH THAZHAM, VAZHOOR AMSOM,KOZHIKODE. 3. SHIJAL, AGED 30, S/O.BICHIKOYA, ELADATH KAKKAT HOUSE POLIYEDATH THAZHAM, VAZHOOR AMSOM,KOZHIKODE. 4. SHAHUL HAMEED AGED 33 YEARS, S/O NOORUDHIN CHIRAKALATH PATTAYIKAL,P.O.VYDYARANGADI RAMANATTUKARA AMSOM,KOZHIKODE. 5. SIDDIQU AGED 38, S/O.KUNJAMMU,KANNANCHERIPARAMBU PO KOLATHARA, CHERUVANOOR,KANNADIKULAM,KOZHIKODE. BY ADV. SMT.T.B.MINI Crl.MC.No. 2286 of 2010() 2 RESPONDENT(S): ----------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, 2. S.I.OF POLICE NALLALLAM POLICE STATION, REPT BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 3. GOPINATHAN NAIR AGED 60 YEARS, S/O.DAMODARAN NAIR THEJAS, PERUMANNA, KOZHIKODE. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2286 of 2010 = = = = = = = = = = = = = = Dated: 29.06.2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.147/2004 of Nallalam Police Station for offences punishable under Sections 452 and 354 read with 34 IPC, seek to quash all further proceedings in C.C.No.33/2008 on the file of the J.F.C.M -V, Kozhikode. 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 29th day of June 2010. V. RAMKUMAR, JUDGE sj