IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3136 of 2010() ------------------------- CC.533/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... (CRIME NO.96/2002 OF KADAKKAL POLICE STATION,KOLLAM DISTRICT) .... PETITIONER(S): ACCUSED-A2. ---------------------------------------------- SURESH, S/O.SUBHAKARAN, SUBHASH BHAVAN, CHUNDAMUKAL, AYOOR MURI, EDAMULAKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3136 of 2010 = = = = = = = = = = = = = = Dated: 11.08.2010 ORDER Petitioner, who is the 2nd accused in Crime No.96/2002 of Kadakkal Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to recall the non-bailable warrant against him in C.C.No.533/2009 on the file of the J.F.C.M_II, Kottarakkara. 2. 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. The petitioner may also highlight the fact that the co-accused in the case have already been acquitted after trial. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 11th day of August, 2010. V. RAMKUMAR, JUDGE sj