IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 1890 of 2009() ------------------------- CRIME NO.449/06 OF AREACODE POLICE STATION PETITIONER(S): ACCUSED NO.2 --------------------------- ABDUL HARIF, S/O.SAIDALAVI, THARAKKAL HOUSE, AMPILERI, KALPETTA POST, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE - DY.S.P. CRIME DETACHMENT, MALAPPURAM, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1890 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioner is the second accused in crime No.449/2006 of Areacode police station registered under Annexure-I FIR, for the offences under Sections 465, 468, 471, 472 and 474 read with Section 34 of Indian Penal Code and under Section 3(1)(A) and 7 of Prevention of Corruption Act and under Section 12(1) (B) of Indian Passport Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR as against the petitioner contending that petitioner has not committed the offences. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As the learned counsel asserted that no Government servant is implicated as an accused in this case and hence no offence under the Prevention of Corruption Act will lie, learned Public Prosecutor was directed to get the case diary and ascertain the facts. Learned Public Prosecutor on perusing the case CRMC 1890/09 2 diary and getting instructions, submitted that identity of the government servant involved could not be traced out so far, and as on today no government servant has implicated as an accused. Learned counsel appearing for the petitioner submitted that petitioner did not surrender as directed by this court in B.A.2269/2009, as offence under the Prevention of Corruption Act is also involved and petitioner is prepared to surrender and apply for bail. 4. On hearing the learned counsel and learned Public Prosecutor, I do not find any reason to quash Annexure-I FIR as at this stage. Police is definitely entitled to investigate the case. But as no government servant is implicated as an accused till this day, if the petitioner surrenders and files an application for bail, the application for bail is to be considered as if, petitioner is alleged to have committed offences alleged under Indian Penal Code and Indian Passport Act only. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.