IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3558 of 2008()
1. KRISHNAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :23/09/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3558 of 2008
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Dated this the 23rd day of September 2008
O R D E R
The petitioner faces allegations in a crime registered under
the Kerala Abkari Act. It is alleged that the petitioner was found
to be in possession of contraband articles which he abandoned
and ran away from the scene of the crime. The petitioner is
named in the seizure mahazer as well as in the crime and
occurrence report. The investigation is in progress. The
petitioner has come to this court with the prayer that the
proceedings against him may be quashed.
2. What is the reason? The learned counsel for the
petitioner submits that the petitioner is absolutely innocent and
his name has been included in the relevant documents without
any satisfactory reason or justification.
3. At the present stage, exercising the jurisdiction under
Section 482 Cr.P.C and with the available inputs it is impossible
for this court to hazard any opinion as to whether the allegations
are true or false. Proper investigation has to be conducted and I
find no reason to assume that such proper investigation shall not
be conducted. In these circumstances, I am satisfied that powers
under Section 482 Cr.P.C cannot and need not be invoked to
Crl.M.C.No.3558/08 2
deny the officials of an opportunity to conduct a proper
investigation into the allegations. The prayer for quashing of
proceedings cannot hence succeed.
4. The learned counsel for the petitioner then submits
that the petitioner apprehends that his application for regular
bail may not be considered on merits in accordance with law and
expeditiously. He, therefore, prays that directions under Section
482 Cr.P.C. may be issued to the learned Magistrate to consider
his bail application on his surrender.
5. I find the said apprehension to be totally unjustified.
No special or specific directions appear to be necessary.
Sufficient general directions have been issued in Alice George
vs. Deputy Superintendent of Police [2003(1)KLT 339]. It is for
the petitioner to surrender before the investigating officer or
the learned Magistrate and then seek regular bail. The
application for regular bail, needless to say, must be considered
by the learned Magistrate on merits, in accordance with law and
expeditiously.
6. With the above observations, this petition is
dismissed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3558/08 3
Crl.M.C.No.3558/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008