IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2869 of 2008() ------------------------- CRIME NO. 396/08 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED: ---------------------------------- HASHIM @ HASHIM CHERKALA, AGED 32 YEARS S/O. ABDUL KHADER, CHERKALA, CHENGALA POST KASARAGOD TALUK, KASARAGOD DIST. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT/COMPLAINANT: ---------------------------------------- STATE – REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2869 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2008 O R D E R The petitioner faces allegations in a crime registered alleging the offence punishable under Section 55(a) of the Kerala Abkari Act. The alleged incident took place on 31.5.2008. The petitioner faces allegations along with another co-accused. They were allegedly transporting arrack in packets when the offence was detected by the police party. The miscreants allegedly took to their heels allegedly abandoning the car in which the transportation is being carried on. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. Instead of appearing before the Investigating Officer or the learned Magistrate and instead of applying for anticipatory bail before the competent courts, the petitioner has come to this Court with a prayer that the powers under Section 482 Cr.P.C. Crl.M.C.No. 2869 of 2008 2 may be invoked to quash the crime registered against the petitioner. 3. What is the reason? According to the petitioner the allegations are false. He was not the one who was present in the car or the one who ran away. It is incorrect and false identification made by the police officials. The petitioner's wife was ill and the petitioner was attending on her on the date of the alleged incident. He was not in any way responsible for the alleged transportation of the contraband article in the vehicle. In these circumstances this petition may be allowed and the crime registered against the petitioner may be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C., prays the counsel. 4. The prayer is obviously not maintainable. At this stage and with the available inputs it would be presumptuous on the part of the court to hazard any opinion as to whether the allegations are true or false. Investigation deserves to be conducted. Conclusion must be drawn by the Investigating Officer after a proper conduct of the investigation as to whether the allegations against the petitioner are justified or not. In any view of the matter, there is absolutely no Crl.M.C.No. 2869 of 2008 3 necessity to invoke the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. 5. The learned counsel for the petitioner submits that the petitioner is willing to appear before the Investigating Officer or the learned Magistrate and then seek regular bail. Petitioner, needless to say, can do that. If the petitioner surrenders and applies for regular bail, needless to say, the same must be considered on merits, in accordance with law and expeditiously. No further or special directions can or need be issued in the facts and circumstances of this case. 6. With the above observations, this Crl.M.C. is dismissed. (R. BASANT) Judge tm