IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1919 of 2008()
1. M.M.ANANDAN NAMBIAR,S/O.KRISHNAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/05/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.1919 of 2008
-------------------------------------
Dated this the 23rd day of May, 2008
ORDER
Petitioner faces indictment in a prosecution under Section
420 I.P.C. Crime was registered as early as in 1986. Final report
was filed after due investigation and the case was taken on file as
C.C.108 of 1986. But as the petitioner was not available for trial,
the case against him was transferred to the list of Long Pending
Cases. The petitioner has not appeared before the learned
Magistrate so far. Coercive processes issued by the learned
Magistrate are chasing the petitioner now. The petitioner
apprehends imminent arrest.
2. It is at this juncture that the petitioner has come to
this Court. He airs the apprehension that if arrested he may not
be enlarged on bail. He further submits that the allegations
against him are totally unjustified and cannot at any rate justify
an indictment under Section 420 I.P.C.
3. The crux of the allegations is that the defacto
complainant was induced to part with money on the false promise
Crl.M.C. No.1919 of 2008 2
that employment shall be provided for his brother. The defacto
complainant’s brother was taken to the foreign country. But after
keeping him there for some time, he was sent back to India
stating that employment could not be arranged. The money was
not returned. It is, in these circumstances, that allegations
under Section 420 I.P.C are raised against the petitioner.
Though the records show that there was a co-accused also, the
learned counsel for the petitioner is unable to explain what has
happened to the proceedings against the co-accused.
4. Be that as it may, I find absolutely no justification in
the request made by the petitioner at this belated hour to invoke
the powers under Section 482 Cr.P.C to quash the proceedings
against him. It cannot for a moment be assumed that the
allegations raised which I have referred above, cannot, under any
circumstances, constitute the offence under Section 420 I.P.C. It
is for the petitioner to appear before the learned Magistrate and
seek regular bail now. Before the learned Magistrate, the
petitioner can raise the plea that he is entitled to be discharged
and if he does not succeed on that stage, he can later raise the
Crl.M.C. No.1919 of 2008 3
plea that he is entitled for an acquittal. At any rate, I am
satisfied that at the moment and with the available inputs there
is no justification or warrant for invocation of the extraordinary
inherent jurisdiction under Section 482 Cr.P.C. This petition
accordingly only deserves to be dismissed.
5. This Crl.M.C is accordingly dismissed. I may however
hasten to observe that if the petitioner appears before the
learned Magistrate and applies for bail after giving sufficient prior
notice to the Prosecutor in charge of the case, the learned
Magistrate must proceed to pass appropriate orders on merits
and expeditiously – on the date of surrender itself.
(R.BASANT, JUDGE)
rtr/-