IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Crl.MC.No. 3833 of 2008() ------------------------- CRIME NO.858/2008 OF KOLLAM EAST POLICE STATION PETITIONER(S): 9TH ACCUSED -------------------------- VIJAYAN, S/O. SREEDHARAN, BUNGALOW PURAYIDOM, VADAKKUMBHAGOM WARD, CHINNAKKADA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3833 of 2008 ---------------------------------------- Dated this the 15th day of October 2008 O R D E R The petitioner has filed this application under Section 482 Cr.P.C apprehending that he may be arrested as accused No.9 in crime No.858/2008 of Kollam East police station registered inter alia under Section 307 I.P.C. The crime in that case was registered on the allegation that a named accused as well as five others had indulged in culpable overt acts against the petitioner. Investigation continued in that crime. In the course of investigation, a report was filed before the learned Magistrate to apprise the learned Magistrate of the fact that nine persons are suspected to be culpably responsible for the offence committed. Names and addresses of accused 1 to 7 are given in detail. But the 8th and 9th accused are described only by their name - Sumesh (8th accused) and Vijayan (9th accused). Investigation continued. 2. The petitioner apprehending arrest as the 9th accused - Vijayan in that crime, moved the court for anticipatory bail. That application has been rejected. The investigating officer Crl.M.C.No.3833/08 2 asserted that the needle of suspicion is pointed at the petitioner and the petitioner is suspected to be the 9th accused-Vijayan. The anticipatory bail application was dismissed. 3. The petitioner has not so far appeared before the investigating officer or the learned Magistrate. He has, instead, come to this court with this application under Section 482 Cr.P.C with the prayer that the proceedings in so far as it relates to him may be quashed. I am unable to understand how this prayer can be accepted by this court at this stage. Investigation is to be conducted in right earnest to find out which are all the persons involved in the crime. Available indications suggest that the 9th accused, Vijayan is the petitioner herein. If that be so, I find absolutely no justifiable reason for this court to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C to quash the proceedings against him. The petitioner's application for anticipatory bail has already been rejected. He who has not challenged the said order and who has not so far appeared before the investigating officer or the learned Magistrate, can have no justifiable cause or reason to pray for quashing of the proceedings in so far as it relates to the 9th accused in crime Crl.M.C.No.3833/08 3 No.858/08. It having been clarified now that the petitioner is the 9th accused, it is for the petitioner to surrender before the learned Magistrate or the investigating officer and seek regular bail. I have no reason to assume that the application to be filed by the petitioner for regular bail shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. 4. This petition is, in these circumstances, dismissed with the above observations. Needless to say, the dismissal of this Crl.M.C will not in any way fetter the rights of the petitioner to raise all appropriate and relevant contentions at later stages. (R.BASANT, JUDGE) jsr Crl.M.C.No.3833/08 4 Crl.M.C.No.3833/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008