IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2566 of 2009() -------------------------------------- (CRIME NO.92/2008 OF THANNITHODE POLICE STATION, PATHANAMTHITTA DISTRICT) PETITIONER(S): 2ND ACCUSED: ----------------------------------------------- R.S.JAGATHEESH, S/O.SATHEESH BABU, RAMAVILASOM VEEDU, MOORTHIMON THANNITHODE, PATHANAMTHITTA DISTRICT. BY ADV. MRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR, THANNITHODE POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2566 OF 2009 ------------------------------------------ Dated 20th August 2009 O R D E R Petitioner is the second accused in crime No.92/2008 of Thannithode police station registered for the offences under Section 3 read with Section 25 of Arms Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR and the proceedings initiated contending that as in respect of the same incident, O.R.3/2008 of Thannithode Forest Station was registered for the offence under Section 27 1(e)(IV) of Forest Act and is being investigated therefore for the same incident Annexure-1 FIR cannot be registered. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Though learned counsel appearing for petitioner relied on the decision of the Apex court in Thakur Ram and others v. State of Bihar (AIR 1966 SC 911) the said decision has no application to the facts of the case as petitioner was neither tried nor convicted for any other offence in respect of the same incident. Case registered by the forest officials CRMC 2566/09 2 under the Forest Act is under investigation. The offences being investigated under Annexure-1 is not being investigated by the forest officials under Annexure-2 O.R. In such circumstances, for the reason that forest officials, who are competent to investigate forest offence registered a case for the forest offence is not a ground to quash a case registered by the police for the offence under the Arms Act. In such circumstances, petition can only be dismissed. 4. Learned counsel then submitted that a direction may be issued to the Magistrate to release the petitioner on bail. Question of granting bail is to be decided by the Magistrate. If the petitioner surrenders and files an application for bail, Magistrate is expected to pass orders in the application without delay. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR, CRMC 2566/09 3 JUDGE. uj.