IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 2019 of 2008() ------------------------- CRIME NO.165/07 OF KEEZHVAYOOR POLICE STATION PETITIONER: ------------ A.C. SASIKUMAR, AGED 55, S/O. CHANDRASEKHARA PILLAI, ARAMATTOM HOUSE, VADAKKEMURI ANIKKADU VILLAGE, THIRUVALLA. BY ADV. SRI.C.P.UDAYABHANU SRI.T.ANIL KUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA (CRIME NO.165/07 OF KEEZHVAYOOR POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2019 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 O R D E R A person, who was allegedly working on an electric post, had allegedly suffered electric shock and had fallen to the ground. He suffered injuries, to which he succumbed. The petitioner, the President of a local Panchayat, had passed on the information to the police and on the basis of the information furnished by the petitioner, an F.I.R. under Section 174 Cr.P.C. has been registered. Investigation commenced. In the course of the investigation, it has been alleged that the offence under Section 304A I.P.C. and Section 138 of the Indian Electricityt Act have been committed by the petitioner. Reports to that effect have already been filed. The petitioner apprehends that he may be arrested at any moment. He is a political activist and at logger heads with the political party in power now. Therefore he apprehends that false allegations may be raised against him and he may be vexed and harassed by such steps by the Investigating Crl.M.C.No. 2019 of 2008 2 Officer. The petitioner, in these circumstances, has come to this Court with this petition under Section 482 Cr.P.C. to quash the proceedings initiated against the petitioner. 2. Notice has been given to the learned Prosecutor. The application is opposed. I find merit in the opposition. At this early stage of investigation it is not possible for this Court to come to any definite conclusion about the complicity, if any, of the petitioner. The Investigator must be given reasonable time to complete the investigation. I am not persuaded to agree that any circumstances exist in this case, which can justify the invocation of the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. But considering the totality of circumstances in this case, I am satisfied that the lesser relief under Section 438 Cr.P.C. can be granted to the petitioner. The offence under Section 304A I.P.C. is bailable and the offence under Section 138 of the Indian Electricity Act as per the schedule to the Cr.P.C. is non-bailable as the offence is punishable with imprisonment for a period of three years. I am satisfied in these circumstances that Crl.M.C.No. 2019 of 2008 3 directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. 3. This Crl.M.C. is accordingly allowed in part. The lesser relief under Section 438 Cr.P.C. is granted. (a) The petitioner shall surrender before the learned Magistrate on 3.6.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. On 3.6.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 3.6.2008 and the police shall be at liberty thereafter to arrest the Crl.M.C.No. 2019 of 2008 4 petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 3.6.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 3.6.2008. (R. BASANT) HO Judge tm