IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3087 of 2010()
1. BHANUMATHY AMMA, AGED 60,
... Petitioner
2. GOPIKUMAR, AGED 64,
Vs
1. STATE OF KERALA,
... Respondent
2. SAJITH, 38 YEARS,
For Petitioner :SMT.DHANYA P.ASHOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.3087 of 2010
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Dated this the 3rd day of August, 2010
ORDER
The petitioners, who are accused Nos.1 and 2 in
Crime No.222 of 2009 of Guruvayoor Police Station for
offences punishable under Sections 452, 427, 506(1) read
with Section 34 I.P.C., seek to quash Annexure-I, II and V
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 to 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
Crl.M.C.No.3087/2010
: 2 :
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.
V.RAMKUMAR, JUDGE
skj