IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1318 of 2008() ----------------------------- CRIME NO. 86/2008 of MELATTUR POLICE STATION .................... PETITIONER: 1ST ACCUSED: -------------------------------- P. SULAIMAN, S/O. MUHAMMED, POOVATHI HOUSE, THACHINGANADAM P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: STATE/DEFACTO COMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CR.NO.86/2008 OF MELATTUR POLICE STATION 2. THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.M.C. No. 1318 of 2008 ========================== Dated this the 7th day of April, 2008. O R D E R The petitioner, who is the 1st accused in crime No. 86 of 2008 of Melattur Police Station registered for offences punishable under Sections 341 and 353 r/w Section 34 IPC and Section 4(1) (a) and 21(a) of the Mines and Minerals (Development and Regulation) Act, 1967, seeks to quash the proceedings on the ground that they have been initiated mala fide. It is too early to consider the contention of the petitioner that the action taken against the petitioner and his mini lorry bearing registration No. KL/9/B 9689 is mala fide. The proper course of action for the petitioner is to surrender before the Magistrate and seek bail or explore the possibilities of getting an anticipatory bail. Without prejudice to the said right of the petitioner, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE. rv