IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Crl.MC.No. 3630 of 2007() CRIME NO.1348/2007 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONERS: -------------------- 1. BENNY JOSEPH, AGED 46 YEARS, S/O.T.P.JOSEPH, RESIDING AT THETTAYIL HOUSE, RAINBOW, CENTENARY ROAD, KALOOR, KOCHI 682 017 KERALA STATE. 2. BENISON BENNY, S/O.BENNY JOSEPH, RESIDING AT THETTAYIL HOUSE, RAINBOW, CENTENARY ROAD, KALOOR, KOCHI 682 017 KERALA STATE. 3. CELINE BENNY, W/O.BENNY JOSEPH, RESIDING AT THETTAYIL HOUSE, RAINBOW, CENTENARY ROAD, KALOOR, KOCHI 682 017 KERALA STATE. BY ADV. SRI.C.V.MANUVILSAN SRI.P.C.ANIL KUMAR SRI.DARSAN SOMANATH RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JOBY.V.P., S/O. PAPPACHAN, VALOOKARAN HOUSE, OKKAL P.O., THANNIPUZHA, KALADY, ERNAKULAM. 3. FRANCIS SHELBY, PRESENTLY WORKING AS THE PRINCIPAL SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN M.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3630 of 2007 = = = = = = = = = = = = = = Dated this the 21st day of January, 2008 ORDER The petitioners, who are the members of a family namely, the head of the family, his son and his wife, are accused Nos.1 to 3 in Crime No.1348/2007 of Central Police Station, Ernakulam registered for offences punishable under sections 406,420,120B read with 34 IPC. 2. The case of the de facto complainant is that a sum of Rs.1,05,500/- was extracted by A1 and his son with the connivance of A3 (wife of A1) by promising to extricate his father-in-law from the punishment of non-cognizable offences registered against him, stating that the 1st accused has influence with the Police and other officers and he will be in a position to extricate the father in law of the de facto complainant from the above case registered against him. 3. It is too early to accept the petitioners' contention that it is a false case registered against the petitioners. The 1st petitioner is accused in several cheating cases. It cannot be said that the averments in the F.I statement do not prima facie make Crl.M.C.No. 3630 of 2007 2 out the offences alleged. The investigation is only at a primary stage. At this stage all further proceedings are not to be stayed by this Court. This Court will not stay the investigation and that too involving cognizable offences allegedly committed by the petitioners. I am not inclined to admit this Crl.M.C and stay the investigation. The Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj