IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4960 of 2008() ------------------------------------ CRIME NI.4960/2008 OF THAMPANOOR POLICE STATION .... PETITIONER(S): ACCUSED ---------------------- K.PERUMAL PILLAI, (R/O.)SORTING ASSISTANT, SUB RECORD OFFICE,ALAPPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.473/2008 OF THAMPANOOR POLICE STATION) PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4960 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable under Section 409 I.P.C. He is an employee of the Postal Department. The alleged incident had taken place about 2 years prior to the date of registration of the F.I.R. The crux of the allegations is that the petitioner misappropriated temporarily the amounts which were entrusted to him in his capacity as an employee of the Postal Department. 2. The learned counsel for the petitioner submits that there is hopeless delay in the filing of the F.I.R and this must show the absence of bona fides on the part of the complainant. 3. I shall not embark on a detailed discussion. Suffice it to say that the plea, that the delay is indicative of the falsity and want of bona fides in the allegations, does not appeal to me. The Postal Department appears to have waited to conduct a detailed enquiry before the formal complaint was laid before the police. I am not persuaded to agree that the F.I.R deserves to be quashed invoking the extraordinary inherent jurisdiction. Crl.M.C. No.4960 of 2008 2 4. The learned counsel for the petitioner submits that the petitioner is willing to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. He prays that there may be a direction to consider the application for regular bail to be filed by him on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. No special or specific direction appears to be necessary in the matter. 5. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-