IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Crl.MC.No. 1915 of 2010() -------------------------------------- C.C.NO.6/2009 OF SPECIAL COURT II CBI CASES, ERNAKULAM ............. PETITIONER(S): 5TH ACCUSED: -------------------------------------------------- S.BHUVANACHANDRAN,HARIDAS SADANAM, VENNIYOOR,NELLUVILA PO, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.SHABU SREEDHARAN RESPONDENT(S): COMPLAINANT AND STATE: ---------------------------------------------------------------------- 1. CBI REPRESENTED BY THE INSPECTOR OF POLICE, CBI/SPE/THIRUVANANTHAPURAM. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. R2 BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1915 of 2010 = = = = = = = = = = = = = = Dated: 7th day of June 2010 ORDER Petitioner, who is the fifth accused in C.C.No.6/2009 on the file of the Special Judge-II for CBI Cases at Ernakulam, for an offence punishable under Section 420 IPC, seeks to quash Annexure V charge sheet and all further proceedings in C.C.No.6/2009. 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 petitioner is groundless and the same is liable to be quashed. The appropriate remedy of the petitioner 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 petitioner to plead for a discharge in absentia. Accordingly, if the petitioner files an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Crl. M.C. No.1915 of 2010 2 This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 7 th day of June, 2010. V. RAMKUMAR, JUDGE dmb