IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 2982 of 2010() ------------------------------------- CRIME NO.577/09 OF VARKALA POLICE STATION PETITIONER(S): ACCUSED 1 TO 5 ---------------------------------------------- 1. JALAJAMANI, AGED 57, KUMARI BHAVAN, JANARDHANAPURAM, VARKALA, THIRUVANANTHAPURAM, NOW RESIDING AT 'SOUPARNIKA', VARKALA, THIRUVANANTHAPURAM. 2. KUTTAN PILLAI, AGED 99 YEARS, S/O. NANU PILLAI, KUMARI BHAVAN, JANARDHANAPURAM, VARKALA, THIRUVANANTHAPURAM. 3. SREEKUMARI, AGED 60, KUMARI BHAVAN, JANARDHANAPURAM, VARKALA, THIRUVANANTHAPURAM. 4. SHYAMALA DEVI, AGED 65, KUMARI BHAVAN, JANARDHANAPURAM, VARKALA, THIRUVANANTHAPURAM. 5. SUSEELAN, AGED 64, KUMARI BHAVAN, JANARDHANAPURAM, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. REJANI, D/O. SUKESINI AMMA, TNRA, H.NO.80, GOPA NIVAS, THYCAUD, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------ Crl.M.C.No.2982 of 2010 ------------------------------------ Dated this the 2nd day of August, 2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.577 of 2009 of Varkala Police Station for offences punishable under Sections 143, 147, 148, 149, 447 & 188 of I.P.C., seek to quash Annexure-C Final Report and further proceedings in C.C.No.311 of 2010 on the file of the Judicial Magistrate of the First Class-I, Varkala. 2. It is too early for this Court exercising jurisdiction under Section 482 Cr.P.C to meticulously scan the voluminous prosecution records and to 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 Crl.M.C.No.2982/2010 : 2 : 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. In case the petitioners file an application for discharge, the warrants if any pending against them shall stand re-called. This Crl.M.C is disposed of reserving the above right of the petitioners. V.RAMKUMAR, JUDGE skj