IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Crl.MC.No. 2122 of 2010() ------------------------------------ CC.410/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI. .................... PETITIONERS/ACCUSED ------------------------------------ 1. ULAKAPPAN, AGED 60 YEARS, S/O. MR.VELUTHAMBI, RESIDING AT PADIKKAPPU TRIBAL SETTLEMENT, IRUMBUPALAM, ADIMALI, IDUKKI DIST. 2. ELSON, AGED 18 YEARS, S/O. ULAKAPPAN RESIDING AT PADIKKAPPU TRIBAL SETTLEMENT, IRUMBUPALAM, ADIMALI, IDUKKI DIST. 3. RAVI, AGED 20 YEARS, RESIDING AT PADIKKAPPU TRIBAL SETTLEMENT, IRUMBUPALAM, ADIMALI, IDUKKI DISTRICT. 4. ANEESH MATHEW, AGED 33 YEARS, S/O. MR.ULAKANNAN, PADIKKAPPU, IRUMBUPALAM, ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.C.A.MAJEED, SRI.K.H.ASIF. RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, POLICE STATION, ADIMALI, IDUKKI DISTRICT, PIN-685 561. R1 & R2 BY PUBLIC PROSECUTOR MR.C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2122 of 2010 -------------------------------------- Dated this the 17th day of June, 2010 ORDER Petitioners, who are the accused in C.C.No.410/2009 of Judicial Magistrate of the First Class Court, Adimali for offences punishable under Sections 451, 323 & 427 read with Section 34 I.P.C., seek to quash Annexure-A police charge and further proceedings in C.C.No.410/2009 on the file of the Judicial Magistrate of the First Class Court, Adimali. 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 Crl.M.C.No.2122/2010 : 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. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 17th day of June, 2010. V.RAMKUMAR, JUDGE skj