IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2486 of 2010()
1. ANIL KUMAR, S/O.SUKUMARA PANICKER,
... Petitioner
2. RAJENDRAN,S/O.ENOSE, MUTHUKUVILA VEEDU,
3. SURESH KUMAR @ SANTHOSH,S/O.GANGADHARAN,
4. RAVI,S/O.CHELLAPPAN, MUNDAKKAL VILAKAM
5. SURESH KUMAR, S/O.SUKUMARAN NAIR,
6. VISHNU, S/O.MOHANAN, KARIYODU,
7. RENJITH LAL, S/O.SASI, KARIYODE
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
2. SIVAKUMAR, S/O. RAJENDRAN,
For Petitioner :SRI.G.SUDHEER
For Respondent :SRI.S.K.VINOD
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.2486 of 2010
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Dated: 05.07.2010
ORDER
Petitioners, who are accused Nos.1 to 7 in C.C
No.443/2009 on the file of J.F.C.M-II, Neyyattinkara seek to
quash Annexure A3 final report and 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.2486 of 2010
2
4. The petitioners shall also submit before the
Magistrate that the dispute between the parties have
already been settled. The 7th petitioner, who is the 7th
accused, may also highlight the fact that he has been
selected in the Indian Army and the present prosecution
may mar his career.
This Crl.M.C is disposed of reserving the above right of
the petitioners.
Dated this the 5th day of July, 2010.
sd/-
V. RAMKUMAR, JUDGE
sj
/True copy/
P.A.to Judge