IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2342 of 2010()
1. SREENISH.K.S,BSNL QUARTERS,IST FLOOR,
... Petitioner
2. PRATHEESH.K.P,KARTHIKA NIVAS,
3. SIBIN KANEER.M.K,KAROOR HOUSE,
4. GOKUL KUNNAMKOTTU,S/O.ALEXANDER
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. SANOOP,S/O.VIJAYAN,AGED 19 YEARS,
For Petitioner :SRI.K.GOPALAKRISHNA KURUP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :14/07/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No. 2342 of 2010
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Dated:14th day of July, 2010
ORDER
Petitioners, who are accused Nos.1, 3, 4 and 6 in Crime
No.438/2007 of Kanjar Police Station and now pending before
the Chief Judicial Magistrate Court, Thodupuzha as
C.C.No.76/2009 for offences punishable under Sections 143,
147, 341 and 323 read with 149 IPC, seek to quash the
complaint and all subsequent proceedings.
2. The learned Magistrate has not framed charge yet
and the case stands posted for framing charge. Having regard
to the fact that the petitioners and the 2nd respondent
complainant are Engineering students, 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.2342 of 2010
2
3. In case the learned Magistrate does not discharge
the petitioners but instead, frames a charge against them,
they will be entitled to apply for personal exemption during
trial by incorporating the necessary averments. The learned
Magistrate shall consider the application for personal
exemption favourably, if he is convinced that a question of
identity of the petitioners does not arise for consideration
during trial. Reserving the above right of the petitioners,
this Criminal M.C is disposed of.
Dated this the 14th day of July, 2010.
V. RAMKUMAR, JUDGE
dmb