IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 Crl.MC.No. 962 of 2009(A) ----------------------------- (CRIME NO.2266/08 OF ALUVA POLICE STATION, ERNAKULAM) .................... PETITIONER(S): ACCUSED NO.3 -------------------------------------- P.K. BABU, AGED 58 YEARS, S/O. KUMARAN, PARASSERY HOUSE, PARAVUTHARA, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 962 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2009. O R D E R This petition is filed with a prayer to pass an order quashing Annexure-B FIR and its further proceedings in Crime No.2266/08 to the extend it proceeds against the present petitioner. The brief facts of the case would reveal that according to the petitioner he was falsely implicated in a case registered u/s 120(b) of IPC and Ss.58, 57A and 57 of the Kerala Abkari Act. It is the case of the prosecution that on 13.9.08 at about 8.30 a.m. some police constables from Aluva police station reached near Karimallur bridge in Paravur–Aluva road on the information that a Scorpio vehicle turned turtle into an adjacent land. It was driven by one Jismon Joseph. It is submitted that he was in a semi- unconscious state under the influence of alcohol. The police took him into custody. Now the allegation is to the effect that the present petitioner is involved in the case and on questioning the driver he confessed that 23 more Cans of Crl.M.C. 962 OF 2009 -:2:- spirit is kept in his house. When the Dy.S.P. investigated the vehicle four Cans of spirit which contains 35 liters each were found kept on the back side of the vehicle. The only reason for implicating the petitioner in the array as an accused is on the basis of an alleged confession made by the driver. It is also seen that the petitioner had been granted anticipatory bail. Nothing is received from his premises. Almost on the same sets of facts there was an earlier case Crl.M.C 975/07 in which the learned Judge of this Court elaborately considered the matter and held that there is no reason to interfere with the investigation at that stage and had dismissed the Crl.M.C. with the observation that the petitioner shall be at liberty to claim discharge at the stage of Section 227/228 Cr.P.C. After hearing the learned counsel for the petitioner as well as the Public Prosecutor I feel an order on the same line can be passed in this case as well and therefore this Crl.M.C is disposed of holding that the investigation need not be stalled at this stage and that the petitioner shall be at liberty to claim discharge at the stage Crl.M.C. 962 OF 2009 -:3:- of Section 227/228 Cr.P.C. It is further directed that until a decision on the question of charge is taken by the learned Sessions judge, the petitioner shall not be subjected to any adverse consequences on the ground that such a case has been initiated/charge sheeted against the petitioner. On completion of the investigation, let the Magistrate take expeditious steps to commit the case and if he happens to be a party there, personal appearance of the petitioner need not be insisted until and if the Court decides that the charges are liable to be framed unless such personal presence be absolutely essential for the further progress of the case. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-