IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1543 of 2008() ------------------------- CC.1121/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR CRIME NO. 612/2007 of MATHILAKAM POLICE STATION .................... PETITIONER: ------------ A.SANKARAN,BRANCH MANAGER,CANARA BANK, RESIDING AT NO.14/1773A,ANUGRAHA,R.K.PILLAI ROAD, KARUVELIPADY,COCHIN-682 005. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM 682 018. BY ADV. SRI. PUZHAKKARA MUHAMMED, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1543 of 2008 ========================== Dated this the 9th day of April, 2008. O R D E R The petitioner who is the 2nd accused in Crime No. 612 of 2007 of Mathilakam Police Station registered for offences punishable under Sections 420 and 468 IPC has since been charge sheeted for offences punishable under Sections 420, 468 and 201 r/w Section 34 IPC. 2. The proper course open to the petitioner is to plead for a discharge. Since the petitioner claims to be the Senior Manager in the Canara Bank and he is still in service, 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 learned Magistrate, the same shall be considered and disposed of without insisting on the personal appearance of the petitioner for the disposal of the said application. This Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv