IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 2806 of 2008() ------------------------- CMP.2291/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM F.I.R.NO.179/2008 OF SANTHANPARA POLICE STATION) .................... PETITIONERS: ------------ 1. N.UMA NATHA SANKAR, AGED 56 YEARS, SENIOR SUPERINTENDENT, HINDUSTAN NEWS PRINT LTD, FOREST ZONAL OFFICE, MUNNAR, IDUKKI DISTRICT. 2. E.S.VISWAMBHARAN, AGED 56 YEARS, DEPUTY MANAGER(FOREST) DO. DO. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION, IDUKKI DISTRICT. 3. SMT.UMA, W/O.KARUPPASWAMY, VASANTHA BHAVAN, SINKANAM, CHINNAKKANAL, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. --------------------------------------------- CRL.M.C.NO.2806 OF 2008 ---------------------------------------------- Dated this the 7th day of August, 2008. O R D E R Petitioners have come to this Court with this petition under Section 482 of Cr.P.C to quash an F.I.R registered as Crime No.179/08 of Santhanpara Police Station. The said crime has been registered on the basis of a private complaint filed by the third respondent herein. The petitioners contend that such proceedings had been vexatiously initiated against them, some how to secure their arrest and consequent humiliation. They are unable in the light of Section 18 of the SC/ST (Prevention of Atrocities) Act to seek anticipatory bail. It is, hence that they have come to this Court for issue of appropriate directions under Section 482 of Cr.P.C. 2. Having perused the records and having heard the learned counsel, it was felt that there is merit in the grievance of the petitioners. The learned Public Prosecutor was hence directed to take instructions as to whether the petitioners are required to be arrested. 3. The learned Public Prosecutor submits that the petitioners are not now required to be arrested at all in this crime. According to CRL.M.C.NO.2806/08 . 2 the police, first petitioner is the third accused in the crime. The second petitioner is not an accused in the crime at all. Even the first petitioner is not now required to be arrested. 4. I am satisfied in the interests of justice that submissions of the learned Pubic Prosecutor can be accepted and appropriate directions can be issued. 5. I have recorded the submission of the learned Public Prosecutor that the petitioners 1 and 2 are not required to be arrested in Crime No.179/2008 of Santhanpara Police Station. I do further direct that if at any later point of time the petitioners are required to be arrested in this crime, prior notice shall be given to the petitioners and prior permission of this Court shall be taken for effecting such arrest by filing appropriate application in this Crl.M.C. with notice to the learned counsel for the petitioners. This Crl.M.C in these circumstances allowed in part to the above extent. R. BASANT, JUDGE. cl CRL.M.C.NO.2806/08 . 3