IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2211 of 2009() ------------------------------------ CRIME NO.301/2009 OF VARKALA POLICE STATION. .................... PETITIONER/ACCUSED: --------------------------------- BAIJU J, AGED 26 YEARS, S/O. JOHN, BAIJU BHAVAN, PALLIMUKKU, HARIHARAPURAM P.O, AIROOR, VARKALA. BY ADV. MR.V.S.CHANDRASEKHARAN SMT.DAISY IRENE DANIEL MR.R.RAJESH (VARKALA) SMT.LEKSHMI SWAMINATHAN RESPONDENTS/COMPLAINANT: --------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE CIRCLE. 3. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. 4. LATHIKA, AGED 34 YEARS, D/O. KAMALAMMA THOTTIVILLA VEEDU, HARIHARAPURAM P.O., AIROOR, VARKALA. R1 TO R3 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2211 of 2009 -------------------------- ORDER Petitioner is the accused in Crime No.301/2009 of Varkala Police Station, registered under Annexure-A1 FIR for the offences under Sections 323, 354 and 427 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A5 report submitted by the Sub Inspector of Police before Judicial First Class Magistrate's Court, Varkala incorporating an offence under Section 394 of Indian Penal Code also. Petitioner sought for a further direction to the Investigating Officer not to arrest him by implicating him in a non bailable offence. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. An accused is not entitled to approach this Court under Section 482 of Code of Criminal CRMC 2211/09 2 Procedure for an order not to implicate him in a non bailable offence during the course of investigation. If, during the course of investigation, the Investigating Officer gets sufficient materials to suspect commission of a non bailable offence, the Investigating Officer is competent to incorporate the said offence also and investigate the case. Similarly, petitioner is not entitled to get an order directing the Investigating Officer not to arrest him in a non bailable offence. If, petitioner is already enlarged on bail, he cannot have an apprehension that he will be arrested without the permission of the court. Petition is disposed. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv