IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 465 of 2009() ------------------------ CRIME NO.439/2008 OF VENJARAMMOODU POLICE STATION PETITIONER(S): --------------- K.P.PRATHEESH, AGED 30 YEARS,S/O. K.J.PREMKUMAR, KALLILVILA VEEDU,KOTTAKKULAM, PERINADU P.O. KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, VENJARAMMOODU PLICE STATEION. 2. SHIHANAS, AGED 32 YEARS,D/O.SAUDA BEEVI, LIJIYATH VEEDU, KESAVADASAPURAM, KAWDIAR VILLAGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.465 of 2009 ---------------------------------------- Dated this the 30th day of January 2009 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable under Sections 420 and 409 I.P.C. He is employed as s Village Assistant. He is alleged to have collected an amount of Rs.11,993/- which he was bound to hand over to the Village Officer. The petitioner did not allegedly hand over the amounts to the Village Officer, obliging the Village Officer, long later, to file a complaint before the police. After the date on which the petitioner/Village Assistant was liable to hand over the money to the Village Officer, he was allegedly absconding and was not attending office also. It is, in these circumstances, the Village Officer, as the first informant, lodged the F.I.statement before the police. Crime has been registered. Investigation is in progress. According to the petitioner, he is absolutely innocent. There are some petty disputes with the Village Officer and that has prompted the Village Officer, whose husband is a police official, to file such a false complaint. In these circumstances, it is prayed that the F.I.R may be quashed. 2. I shall not delve deeper into the factual controversies raised. I am unable to find any justifiable reason to support the prayer for quashing of the F.I.R. According to the petitioner, he has Crl.M.C.No.465/09 2 handed over the amounts to the Village Officer. Therefore he is not liable. The Village Officer alleges that the amount was not handed over. That factual controversy cannot be resolved by me at this stage. On this aspect, investigation deserves to be conducted. In these circumstances, I find no merit in the prayer to quash the F.I.R registered. 3. Alternatively, the petitioner prays that there may be a direction under Section 482 Cr.P.C to release the petitioner on bail when he surrenders before the investigating officer or the learned Magistrate. If the petitioner is so inclined and persuaded, he must seek anticipatory bail. If he does not do so, he has to surrender before the investigating officer or the learned Magistrate and then seek regular bail. Needless to say, such application for regular bail will have to be considered by the learned Magistrate on merits, in accordance with law and expeditiously. I am not persuaded to agree that any special or specific directions deserves to be issued in favour of the petitioner at this juncture. 4. This petition is accordingly dismissed with the above observations. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.465/09 3 Crl.M.C.No.465/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008