IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 1997 of 2010() ------------------------- SC.497/2009 of I ADDL. SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): 5TH ACCUSED: --------------------------- JEAM KHAN.A., AGED 41 YEARS, SON OF ABDUL LATHEEF KHAN, GREEN VILLA, MANANAKKU, PERUMKULAM P.O., ATTINGAL VIA., TRIVANDRUM. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE : ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR MR.C.M.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1997 of 2010 = = = = = = = = = = = = = = Dated: 10th day of June 2010 ORDER Petitioner, who is the fifth accused in S.C.No.497/2009 of the Additional Sessions Court-I, Trivandrum for offences punishable under Sections 120(b) and 489B read with 34 IPC, seeks to quash Annexures II and IV and all further proceedings against the petitioner. 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 their counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No. 1997 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 10 th day of June, 2010. V. RAMKUMAR, JUDGE dmb