IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Crl.MC.No. 1406 of 2008() ------------------------- CRIME NO.723/2007 OF PERRORKADA POLICE STATION PETITIONER: ACCUSED 1 & 2 ------------------------- 1. MANI S.KARTHA, S/O.T.N.SANKARAN KARTHA KAITHAPPILLIL HOUSE, VENGOOR P.O. & VILLAGE ERNAKULAM DT., PIN: 683 546 2. SONY SOMAN, AGED 27 YEARS S/O.SOMAN PILLAI, SONI VIHAR MANAPPILLY NORTH P.O., KOLLAM DT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE PEROORKKADA POLICE STATION (CRIME NO.723/07) THIRUVANANTHAPURAM. 3. M/S.IVA SYSTEMS PRIVATE LIMITED TC 11/1195(1), NALANCHIRA P.O. PEROORKKADA VILLAGE, THIRUVANANTHAPURAM PIN:695 015, REP. BY ITS ADMINISTRATIVE MANAGER VIJU C.NAIR,AGED 34 YEARS, S/O.CHELLAPPAN PILLAI R/A.AISWARYA, 3/29-A, KARAKULAM P.O. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1406 of 2008 = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No. 723/2007 of Perrorkkada Police Station for offences punishable under Sections 379, 120(B), 406, 420 read with Section 34 IPC and Sections 43,65 and 72 of the Information Technology Act, 2000, seek to quash Annexure A6 complaint, Annexure A7 FIR and all further proceedings thereto. 2. It is too early to consider the question as to whether Annexure A6 complaint and the resultant FIR are to be quashed or not. 3. Ordinarily this Court will be loath to quash the FIR and stay the investigation into an offence by the Police. Hence the proper course available to the petitioner is to surrender before the learned Magistrate and seek regular bail, or seek other appropriate remedies. Reserving the said right, this Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj