IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Crl.MC.No. 3016 of 2009 --------------------------------------- CRIME NO.528/2009 OF ATTINGAL POLICE STATION ........... PETITIONER: ASHOK KUMAR, S/O. ACHUTHAN, POOVANTHUMVILAKAM, AZHOOR, PERUNGUZHI, CHIRAYINKIL, THIRUVANANTHAPURAM. BY ADV. SRI.LIJU. M.P SRI.SABEER A. RESPONDENT/COMPLAINANANT: STATE OF KERALA, REP. BY SUB-INSPECTOR OF POLICE, ATTINGAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3016 of 2009 -------------------------- ORDER Petitioner, who was implicated as an additional accused in Crime No.528/2009 of Attingal Police Station, filed this petition under Section 482 of Code of Criminal Procedure to quash the case as against him contending that there is absolutely no material, except the confession statement of the accused, which is not legally admissible, to connect him with the crime. 2. By Annexure-C report, Investigating Officer intimated the Magistrate that based on the investigation, it is found that petitioner is also an accused and therefore, the case is being investigated incorporating petitioner as the first accused. At this stage, it is not possible to hold that there is absolutely no material against the petitioner and to quash the case. Even if the case of the petitioner is accepted and when Annexure-C CRMC 3016/09 2 report is submitted, there was only the confession statement of the co-accused, based on the investigation, if other materials could be unearthed by the Investigating Officer, definitely, case as against the petitioner would lie. Therefore, it is not in the interest of justice to interfere with the investigation at this stage. If no other material could be unearthed by the Investigating Officer to connect the petitioner with the offences and a final report is filed, at that stage, petitioner is either entitled to seek an order or discharge or any other appropriate order. In such circumstances, petition is dismissed. 12th October, 2009 (M.Sasidharan Nambiar, Judge) tkv