IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 614 of 2008() ------------------------ (AGAINST CRIME NO. 6/2008 OF PERINGOME POLICE STATION) PETITIONER: ------------ SANTHOSH T, S/O.PADMANABHAN,P.O.KUTTOOR KANNUR DISTRICT. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 614 of 2008 * * * * * * * * * * * * * * * * * * Dated: 18-02-2008 ORDER Petitioner who is the accused in Crime No. 6 of 2008 of Peringome Police Station for offences punishable under Sections 448,493,376,323 and 506(1) read with Sec. 34 I.P.C and Sec. 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention to Atrocities) Act, 1989 seeks to quash the FIR and the consequential investigation into the offences. 2. It is too early to accept the petitioner's contention that the averments in the F.I.R. do not make out the offences alleged. Even if they make out the offences alleged, the petitioner is armed with Annexure-III judgment dated 29-10-2007 passed by the J.F.C.M., Payyannur in C.C. No. 807 of 2003 as per which he was acquitted of the charge under Sec. 493 I.P.C. wherein also almost identical contentions were raised on behalf of Sunitha the alleged victim. The investigation of the present case is in progress and if after the culmination of the investigation the petitioner is charge-sheeted by the police and the charge-sheet so filed either does not make out an offence against the petitioner or is hit by the doctrine of issue Crl.M.C. No. 614 of 2008 -:2:- estoppal due the acquittal of the petitioner for the offence under Section 493 I.P.C., the petitioner is free to approach the appropriate forum for redressal of his grievances. The only course now open to the petitioner is to surrender before the Magistrate and seek bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail within two weeks from today, the same shall be considered and disposed of, preferably, on the same date on which it is filed and until then, the warrants, if any, pending against the petitioner shall be kept in abeyance. This Crl.M.C is disposed of as above. V. RAMKUMAR, (JUDGE) ani.