IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.MC.No. 3483 of 2008() ------------------------- CRIME NO.1900/08 OF THE ALUVA POLICE STATION PETITIONER: 3RD ACCUSED ----------------------- SHAHUL HAMEED K.M., S/O.MOIDEENKUTTY, AGED 28 YEARS, RESIDING AT KARIMBANAKKAL HOUSE, NATTUKAL P.O., MANNARKAD, PALAKKAD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: STATE ------------------ 1. THE STATION HOUSE OFFICER, ALUVA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ALUVA, ERNAKULAM DISTRICT. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3483 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 ORDER The petitioner has been arrayed as the 3rd accused in a crime registered, inter alia, under Secs.326 and 307 IPC. The petitioner was not named in the FIR initially; but subsequently, he has been named and brought on the array of accused. Some of the other co-accused who brought on the array have already been arrested. 2. According to the petitioner, he is absolutely innocent. A proper investigation must be conducted and if the same is conducted, the innocence of the petitioner will be revealed convincingly. At this stage, the petitioner has come before this Court with a prayer that there may be a direction to conduct a proper investigation and he may be saved of the undeserved trauma of arrest and consequent loss of face. The Crl.M.C. No. 3483 of 2008 -: 2 :- counsel prays that appropriate directions may be issued under Sec.482 Cr.P.C. 3. The petitioner, in the given situation, has either got to seek anticipatory bail under Sec.438 Cr.P.C. or in the alternative, he can choose to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. The petitioner has not resorted to any of these possible courses. Instead, he wants this Court to issue directions to conduct a proper investigation under Sec.482 Cr.P.C. I need only mention that at this present stage I find no reason to assume that proper investigation will not be conducted. The Investigating Officer shall have to conduct a proper and efficient investigation. No special or specific directions appear to be necessary at this juncture. Needless to say, the application for regular bail to be filed by the petitioner must be considered on merits and expeditiously by the court below. 4. With the observation that the petitioner must either seek regular bail or anticipatory bail, this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3483 of 2008 -: 3 :-