IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Crl.MC.No. 4621 of 2008() ----------------------------------- CRIME NO.7438/2008 OF CHERTHALA POLICE STATION. ...... PETITIONER(S): ACCUSED 1,2,4,5,6,7,9 AND 10 TO 16 -------------------- 1. P.CHANDRAPPAN, PERISSERICHIRA, THIRUNELLOOR P.O. CHERTHALA. 2. K.P. SAJEEV, VELIKKAKATHU HOUSE, THIRUNALLOOR P.O., CHERTHALA 3. M.SIVADASAN, THEKKEKARIYUL, THIRUNELLOOR P.O.,CHERTHALA. 4. P.C. PRASANNAN, MAKAIRAM VEEDU, THIRUNELLOOR P.O., CHERTHALA. 5. V.T. SUNI, VARAKKATTU VEEDU, THIRUNELLOOR MURI, PETTIPURAM VILLAGE, CHERTHALA. 6. V.SAHADEVAN, CHOOZHIKATTU VEEDU, THIRUNELLOOR P.O., CHERTHALA. 7. M.N. ASOKAN, MATTATHIL VEEDU, THIRUNELLOOR P.O., CHERTHALA. 8. T.C. PRASAD, THYKOOTTATHIL HOUSE, THIRUNELLOR P.O., CHERTHALA. 9. P.V. PRADEEPAN, CHERUPARAMBIL, THIRUNELLOOR P.O., CHERTHALA. 10. K.J. RAMESAN, KULANGARA VEEDU, THIRUNELLOOR P.O., CHERTHALA. 11. P.P. MADHU, PAROODAM NIAS, THIRUNELLOOR P.O., CHERTHALA. CRL.M.C. NO.4621/2008 12. ASOKAN, PANTHARATIL VEEDU, THIRUNELLOOR P.O., CHERTHALA. 13. K.V. JALAJAN, KETTUPARAMBIL VEEDU, THIRUNELLOOR P.O., CHERTHLA. 14. J.HARIDAS, VALIYA PURAYIL, THIRUNELLOOR P.O., CHERTHALA. BY MR. P.G.THAMPI, SENIOR ADVOCATE BY ADVS.SMT. G.PRIYADARSAN THAMPI MR.V.GOPIKRISHNA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHERTHALA. 3. THE SUB INSPECTOR OF POLICE, CHERTHALA. PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 4621 OF 2008 = = = = = = = = = = = = = = = Dated this the 16th day of February, 2009. O R D E R This petition is filed to quash Annexure A12 FIR in Crime No.748/08 of Cherthala Police Station. This Court prevented arrest of these persons and on 5.12.08 directed the Prosecutor to ascertain whether the investigators intend to proceed against the petitioners. On 6.1.09 this Court held that it is for the petitioner to seek appropriate relief under Section 438 Cr.P.C. if they are so advised in respect of such crime which are likely to be initiated against them. Subsequently on 4.2.2009 the Court directed the investigating agency not to arrest the persons till 16.2.2009. The Court further observed, in the mean time it shall be open to the petitioners either to apply for anticipatory bail or seek regular bail but made it very clear that the investigation can continue. As per the direction of this Court a statement has been filed by the Sub Inspector of Police, Cherthala wherein it is stated that the crime is registered under Sections 406 CRL.M.C. 4621 OF 2008 -:2:- and 420 r/w S.34 IPC and according to the prosecution the method of operation is to collect huge amount with a promise to pay high interest and thereafter nothing being done in that regard. It was in the form of a chitty and it is alleged it is done against all the provisions and further now an attempt is made to put the whole blame on a dead person. The investigating officer has further filed a report to the effect that there are sufficient materials to proceed with the investigation of the crime as well. So the matter is under investigation stage and the offences involved are of a serious nature and in spite of the directions by the Court the petitioners are not prepared to co-operate with the investigation nor present before the Investigating Agency. Therefore I find it may not be correct to quash the proceedings at this stage especially in the back drop of the statement that the offences alleged are of very serious nature which amounts to taking away of large quantity of public money and therefore this Crl.M.C lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-