IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3533 of 2010() ------------------------- CC.61/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED 1 TO 5 --------------------------------------------------------- 1. SOWMYA KURIES AND LOANS PRIVATE LIMITED, ROOM NO.31, SECOND FLOOR, SAKTHAN NAGAR MUNICIPAL COMPLEX, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, DAVI.V.THATTIL. 2. DAVI.V.THATTIL, MANAGING DIRECTOR, SOWMYA KURIES AND LOANS PRIVATE LIMITED, THATTIL HOUSE, CAICO ROAD, THRISSUR. 3. K.P.FRANCIS, CHAIRMAN, SOWMYA KURIES AND LOANS PRIVATE LIMITED, KOLLANNORE HOUSE, ARANATTUKARA P.O., THRISSUR. 4. VINCENT DAVIES, DEPUTY CHAIRMAN, SOWMYA KURIES AND LOANS PRIVATE LIMITED, ROOM NO.31, SECOND FLOOR, SAKTHAN NAGAR MUNICIPAL COMPLEX, THRISSUR. 5. E.D.JOSE, DIRECTOR, SOWMYA KURIES AND LOANS PRIVATE LIMITED, ELAVUTHINGAL HOUSE, ANJANGADI SOUTH, ARNATTUKARA P.O., THRISSUR. BY ADV. SRI.K.P.SUJESH KUMAR Crl.MC.No. 3533 of 2010() 2 RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. ALICE JOHN, W/O.KOKKAN JOHN, KOKKAN HOUSE, ARANATTUKKARA P.O, THRISSUR. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3533 of 2010 = = = = = = = = = = = = = = Dated: 20.08.2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.17/2010 of Thrissur East Police Station for offences punishable under Sections 403,406,409,415,417 and 420 IPC, seek to quash Annexure A3 final report and further proceedings in C.C.No.61/2010 on the file of the Chief Judicial Magistrate, Thrissur. 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 20 th day of August, 2010. V. RAMKUMAR, JUDGE sj