IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2183 of 2010() ------------------------- CRIME NO.85/2010 OF THALASSERY POLICE STATION .................... PETITIONER(S): ACCUSED 1&2 -------------------------- 1. M.P.VIJAYAKUMAR, S/O.PARAMESWARAN NAIR, NO.41/10, PRADANIYIL HOUSE, VADAKKENCHERRY, ALATHOOR, PALAKKAD DISTRICT. 2. K.SAJEEV, S/O.KRISHNAN, NO.26/10, CHINGAVANNAM HOUSE, VADAKKENCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE DEPUTY SUPERINTENDENT OF POLICE, THALASSERY). PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2183 of 2010 -------------------------------------- Dated this the 6th day of July, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.85/2010 of Thalassery Police Station for an offence punishable under Section 9B(2) of the Explosives Act, seek to quash Annexure A FIR and all further proceedings. 2. It is too early for this Court, in a petition under Section 482 Cr.P.C, to consider whether the case against the petitioner is prima facie false and that FIR is liable to be quashed and investigation is liable to be stayed. In case the Police, after investigation, files a final report charge- sheeting the petitioners and in case grounds exist to assail the charge sheet, the petitioners may work out their remedies by moving the appropriate court. The interim custody given by the Magistrate to the Proprietor of M/s.Sreelakshmi Chemicals, Vadakkenchery will hold good until further orders. Jyothikumar need not be directed to produce the articles before the Court until further orders. The Registry shall convey this order to the Magistrate forthwith. This Crl.M.C is disposed of directing the Police not to unnecessarily harass the petitioner during investigation. Dated this the 6th day of July, 2010 V.RAMKUMAR, JUDGE dmb