IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 2044 of 2010() ------------------------- CC.430/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM .................... PETITIONER(S): ------------------------ 1. SRI.E.P.GEORGE, AGED 44 YEARS, SONOF LATE SRI.P.C.PAVOO, CHAIRMAN, M/S.KALABHAVAN STUDIO LTD., RESIDING AT 36/1686, JUDGES AVENUE, KALOOR-682 017. 2. SRI.K.C.RAJU, AGED 45 YEARS, SON OF SRI.KALIYATH LAWRENCE CYRIL, DIRECTOR, KALABHAVAN STUDIOS LIMITED, AT KENT CONSTRUCTIONS PRIVATE TLD., RESIDING AT PAVURETH BUILDIGS, IST FLOOR, OPP.CHOICE TOWERS, MANORAMA JUNCTION, COCHIN-682 036. 3. SRI.SANTHOSH THOMAS KANADAN, AGED 49 YEARS, SON OF SRI.THOMAS, DIRECTOR, KALABHAVAN STUDIOS LIMITED, RESIDING AT KANADAN HOUSE, THEVARA.P.O, ERNAKULAM, COCHIN-682 013. 4. SRI.JOSE CHACKO PERIYAPPURAM, AGED 51 YEARS,SON OF SRI.CHACKO MATHEN PERIYAPURAM DIRECTOR, KALABHAVAN STUDIOS LIMITED, RESIDING AT 3B LINK MANOR, OLD RAILWAY STATION ROAD, COCHIN-682 018. CRMC NO.2044/2010 2 5. SRI.TOGI MATHEW, AGED 46 YEARS, SON OF SRI.MATHEW, DIRECTOR, KALABHAVAN STUDIOS LIMITED, RESIDING AT T AND T HOMES, THALIATH CHAMBERS, IYYATTIL JUNCTION, COCHIN-682 011. 6. KALLIYATH CYRIL TAJAN @ SRI.TAJAN CYRIL, AGED 47 YEARS, SON OF SRI.KALIYATH LAWRENCE CYRIL, KALLIYATH HOUSE, RESIDING AT M.51/119 - XXIX, CHANGAMPUZHA NAGAR.P.O, COCHIN-33. 7. K.P.MOHANKUMAR, COMPANY SECRETARY, 36/1785, PANACKAL HOUSE, CHAMMANY ROAD, KALOOR SOUTH, COCHIN-17. BY ADV. SRI.ANIL D. NAIR SRI.ANIL S.RAJ SRI.RADHIKA RAJASEKHARAN P. SMT.NIVEDITA A KAMATH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI.JAMES KULANTHUNKAL, JAMESPHIL COMPLEX, CUSAT JUNCTION, CHANGAMPUZHA NAGAR.P.O, SOUTH KALAMASSERY, COCHIN-682 033. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2044 of 2010 = = = = = = = = = = = = = = Dated:11.06.2010 ORDER Petitioners, who are the accused in C.C No.430 of 2009 on the file of the Addl.Chief Judicial Magistrate (Economic Offences), Ernakulam for offences punishable under Sections 260 and 628 of the Companies Act, 1956 seek to quash Annexure A1 and further proceedings. 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 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 11th day of June, 2010. V. RAMKUMAR, JUDGE sj