IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2314 of 2008() ------------------------- CRIME NO.393/08 OF CHALAKUDY POLICE STATION PETITIONER: ACCUSED ------------ JAYADEEP.K.MENON, S/O.P.K.KRISHNAMENON, SIDHARATHAN, EROOR, TRIPUNITHURA. BY ADV. SRI.BABU PAUL RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHALAKUDY POLICE STATION, CHALAKUDY. 3. THE ASSISTANT MANAGER, SUPPLY-CO DEPOT, CHALAKUDY. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.2314 of 2008 ------------------------------------- Dated this the 19th day of June, 2008 ORDER Petitioner faces allegations in a crime registered at the Chalakkudy Police Station alleging offences punishable, inter alia, under Sections 409 and 471 I.P.C. The petitioner is an officer of the Civil Supplies Department. The allegations relate to his activities when he was working as a Senior Assistant at the Chalakkudy office of the Kerala State Civil Supplies Corporation. I shall just refer to one allegation. That allegation is that goods for the value of Rs.65, 145.62, which were allegedly issued to the petitioner as per a goods issue sheet dated 19.09.2007, were not brought into account till 18.03.08. Audit is going on and it is in the course of audit this discrepancy has been noticed and reported to the police by a formal complaint. 2. The learned counsel for the petitioner submits that the allegations are totally incorrect. According to him political animosity is prompting his superior official to make such an unjustified complaint against him. The alleged gap of time between 19.09.07 and 18.03.08 happened to occur only because Crl.M.C.No.2314 of 2008 2 of certain inadequacies in the computer system which was recently installed. In any view of the matter, the petitioner does not deserve to endure the trauma of such criminal proceedings against him. The F.I.R registered may be quashed invoking the powers under Section 482 Cr.P, it is prayed. 3. The petitioner had already come to this Court and another Bench has already issued directions under Section 438 Cr.P.C partly in his favour. He has been directed to surrender before the Investigating Officer and the Investigating Officer has been directed to produce him before the learned Magistrate. The petitioner has been left to seek the remedy of regular bail from the learned Magistrate. 4. The learned counsel for the petitioner submits that the F.I.R is liable to be quashed invoking the powers under Section 482 Cr.P.C. This Court certainly does not lack urisdictional competence to quash an F.I.R in an appropriate case. But it must be ensured that it is an appropriate case in which such invocation of extraordinary inherent jurisdiction is resorted to quash the F.I.R. By quashing an F.I.R virtually the police will be not permitted to conduct an investigation. Do the facts in this case reveal the need for an investigation is the question ? Crl.M.C.No.2314 of 2008 3 5. I shall carefully avoid any detailed expression of opinion on the acceptability of the allegations raised or the defences which are pressed into service. Suffice it to say that on an anxious consideration of all the relevant inputs, I am persuaded to feel that this is not a fit case where the State can be asked not to investigate the allegations raised against the petitioner. I have no reason to assume that the learned Magistrate will not consider the application for bail on merits, in accordance with law and expeditiously if the petitioner chooses to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail from the learned Magistrate. Another Bench has already rejected the prayer for anticipatory bail. The only course now open to the petitioner is to so surrender before the Investigating Officer or the learned Magistrate and then seek regular bail. 6. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/-