IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Crl.MC.No. 3558 of 2008() ------------------------- CRIME NO.19/08 OF EXCISE RANGE OF BANDADKA PETITIONER/ACCUSED: ------------ KRISHNAN, AGED 50 YEARS, S/O.(LATE) APPU, RESIDING AT. PERLAYKAM, CHALAKKAD, KOLATHUR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA THROUGH EXCISE INSPECTOR BANDADKA RANGE REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3558 of 2008 ---------------------------------------- Dated this the 23rd day of September 2008 O R D E R The petitioner faces allegations in a crime registered under the Kerala Abkari Act. It is alleged that the petitioner was found to be in possession of contraband articles which he abandoned and ran away from the scene of the crime. The petitioner is named in the seizure mahazer as well as in the crime and occurrence report. The investigation is in progress. The petitioner has come to this court with the prayer that the proceedings against him may be quashed. 2. What is the reason? The learned counsel for the petitioner submits that the petitioner is absolutely innocent and his name has been included in the relevant documents without any satisfactory reason or justification. 3. At the present stage, exercising the jurisdiction under Section 482 Cr.P.C and with the available inputs it is impossible for this court to hazard any opinion as to whether the allegations are true or false. Proper investigation has to be conducted and I find no reason to assume that such proper investigation shall not be conducted. In these circumstances, I am satisfied that powers under Section 482 Cr.P.C cannot and need not be invoked to Crl.M.C.No.3558/08 2 deny the officials of an opportunity to conduct a proper investigation into the allegations. The prayer for quashing of proceedings cannot hence succeed. 4. The learned counsel for the petitioner then submits that the petitioner apprehends that his application for regular bail may not be considered on merits in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to consider his bail application on his surrender. 5. I find the said apprehension to be totally unjustified. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. It is for the petitioner to surrender before the investigating officer or the learned Magistrate and then seek regular bail. The application for regular bail, needless to say, must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 6. With the above observations, this petition is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3558/08 3 Crl.M.C.No.3558/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008