IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3522 of 2010() ------------------------- CC.740/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): ACCUSED 1 TO 6 ----------------------------- 1. SANTHA, W/O.SUBRAMONIAN, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. 2. SINDHU, D/O.SANTHA, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. 3. ANANDAN, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. 4. KANNAN, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. 5. RAMANI, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. 6. SIVANANDAN, CHENNAMKUZHI HOUSE, AVANOOR, THRISSUR DISTRICT. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY Crl.MC.No. 3522 of 2010() 2 RESPONDENT(S): COMPLAINANT-STATE ----------------------------------------------------------------- 1. RAJACHANDRAN, S/O.SANKARAN, CHENDAMKUZHI HOUSE, AVANOOR VILLAGE, TRICHUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3522 of 2010 = = = = = = = = = = = = = = Dated: 20.08.2010 ORDER Petitioners, who are accused Nos.1 to 6 in Crime No.196 of 2007 of Peramangalam Police Station for offences punishable under Sections 142,147,447,427 and 506(ii) read with 149 IPC, seek to quash Annexure I complaint and further proceedings in C.C.No.740/2008 on the file of the J.F.C.M, Kunnamkulam. 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. V. RAMKUMAR, JUDGE sj