IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1717 of 2010 ---------------------------------- (C.C. NO.1005/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THODUPUZHA, MUTTOM) ............... PETITIONERS/ACCUSED: ------------------------------------ 1. SUNNY JAMES, AGED 53 YEARS, S/O.CHACKO, RESIDING AT PINAKKAT HOUSE, KODIKULAM, IDUKKI DISTRICT. 2. SHIJUKUMAR, S/O.KUMARAN, AGED 42, NELLAKKUNNEL HOUSE, KODIKULAM. 3. SHIBUKUMAR, S/O.KUMARAN, AGED 45, RESIDING AT NELLAKKUNNEL HOUSE, KODIKULAM. 4. A.R.RANJAN, AGED 47, S/O.RAMANKUTTY, RESIDING AT ARAKKAL HOUSE, KODIKULAM. BY ADV. SRI.A.X.VARGHESE. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION. 3. KODIKULAM SERVICE CO-OPERATIVE BANK LTD.NO.2328, REP. BY SECRETARY, P.J.PAUL, S/O.ULAHANNAN, PARAYANILATHU HOUSE, KARIMANNOOR VILLAGE. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1717 of 2010 -------------------------------------- Dated this the 20th day of May, 2010 ORDER Petitioners are the accused in Crime No.136/2005 of Kaliyar Police Station, registered for an offence punishable under Section 420, 467, 468 and read with 120(B) of the Indian Penal Code. The case is now pending before the Judicial First Class Magistrate Court, Thodupuzha as C.C.No.1005/2006. The learned Magistrate conducted preliminary hearing and framed charge against the accused. It is too early for this court to hold that the prosecution case is illegal and unsustainable. The appropriate remedy of the petitioners is to approach the Magistrate and seek a discharge. In case, the petitioners file an application for discharge, the same shall be considered by the Magistrate and orders passed without insisting on their personal appearance for the purpose of disposal of the discharge application. V.RAMKUMAR, JUDGE dmb Crl.M.C. No. : 2 : Crl.M.C. No. : 3 :