IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2753 of 2010() ------------------------- CC.662/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- 1. K.K.WILSON, S/O.KOCHAKKAN, KAKKERY HOUSE, KANJIRATHODU, IRINJALAKUDA, THRISSUR DISTRICT. 2. SIVASANKARAN, S/O.C.SANKARANKUTTY NAIR, CHERUVARA HOUSE, MUKKATTUKARA, NETTISSERY P.O., THRISSUR DISTRICT. 3. ANWAR, S/O.KHADER, VALIYAKATHU HOUSE, M.C.AVENUE, KUNNAMKULAM, THRISSUR DISTRICT. 4. SURESHKUMAR, S/O.NARAYANAN, PALLATHU HOUSE, KOORIKUZHY, THRISSUR DISTRICT. 5. ROBY, S/O.JOS, MUTTATHU HOUSE, PARAKAM, THRISSUR DISTRICT. 6. JOJO RAPHAEL, S/O.RAPHAEL, KUTTIKKADAN HOUSE, PUDUKKAD, THRISSUR DISTRICT. BY ADV. SRI.K.A.SATHEESA BABU RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No. 2753 of 2010 = = = = = = = = = = = = = = Dated: 26th day of July, 2010 ORDER Petitioners, who are accused Nos.1 to 6 in C.C.No.662/2008 on the file of the J.F.C.M Court-I, Thrissur for an offence punishable under Section 384 IPC, seek to quash all 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. Crl. M.C. No. 2753 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 26th day of July, 2010. V. RAMKUMAR, JUDGE dmb