IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 968 of 2008() ------------------------ CC.532/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER: IST ACCUSED --------------------------------------------- M.RAVEENDRAN, S/O.RAVUNNI NAIR, THARAYIL MADATHIL HOUSE, P.O.ERNAMANGALAM, PONANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: COMPLAINANT/STATE --------------------------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.968 of 2008 = = = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 ORDER Petitioner, along with another accused has been charge sheeted by the Circle Inspector of Police, Ponnani for offences punishable under Sections 468, 471,420 and 409 read with 34 IPC in Crime No.28/1999 of Ponnani Police Station. The Judicial First Class Magistrate, Ponnani on receipt of the final report, has taken cognizance of the offences against both the accused in C.C.No.532/2006. 2. The 2nd accused appeared before the Magistrate on 4.12.07 and was released on bail. Now the case stands posted, for the appearance of the petitioner (1st accused), to 13.6.2008. The court charge has not been framed so far. 3. Under these circumstances, the proper course available to the petitioner is to plead for a discharge. He has a contention that the senior clerk, who was dealing with the gold ornaments in question and who was the joint custodian of the gold ornaments in the co-operative bank in question, has been exonerated by the Police. The petitioner may file Crl.M.C.No. 968 of 2008 2 an application for discharge before the learned Magistrate, who shall consider the same and pass appropriate orders according to law. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj