IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2538 of 2008() ------------------------- CRIME NO. 117/08 OF WALAYAR POLICE STATION PETITIONER/A1: -------------------------- JOSEPH, S/O. ANTHONI MUTHU KONANPUTHUR, KANJIKKODE POST PUTHUSSERRY AMSOM DESOM PALAKKAD TALUK, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS/DEFACTO COMPLAINANT: ------------------------------------------------------- 1. ARUMUGHAN @ RAJAN S/O. APPUGURUKKAL, 'BIJISHA NIVAS' PALLIKULAM, ERUPPAKKADU PIRAYIRI AMSOM & DESOM PALAKKAD TALUK, PALAKKAD. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2538 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The petitioner is arrayed as the first accused in a crime registered alleging offences punishable, inter alia, under Section 420 I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant and referred to the police under Section 156(3) Cr.P.C. The petitioner has already been enlarged on bail, subject to conditions. Investigation is in progress. At this stage the petitioner has come to this Court with a grievance that the crime has been registered without any justifiable reasons and the same is liable to be quashed invoking the jurisdiction under Section 482 Cr.P.C. 2. The petitioner is already on bail now. In these circumstances it is certainly for the Investigating Officer to complete the investigation. The petitioner may be having a good case to be advanced that the allegation of fraudulent deception is not justified. The Investigating Officer shall and must apply Crl.M.C.No. 2538 of 2008 2 his mind pointedly to this aspect and come to an appropriate conclusion. I do not find any reason at this stage to interfere with the investigation by invoking the jurisdiction under Section 482 Cr.P.C. 3. The learned counsel submits that the petitioner has a grievance that though he has been granted bail, it was subject to very onerous conditions. It is for the petitioner to move the learned Magistrate to modify the conditions. I find no reason why in the nature of the allegations raised why such conditions should remain in force endlessly. The petitioner can approach the learned Magistrate. If aggrieved by the decision of the Magistrate, he can come to this Court to modify the conditions. I am not satisfied that any interference with the investigation is necessary at this stage. 4. This Crl.M.C. Is dismissed with the above observations. (R. BASANT) Judge tm