IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 486 of 2008() ---------------------------- CRIME NO. 736/2007 of CENTRAL POLICE STATION PETITIONER: ACCUSED NO.5 ------------------------ UNNIKRISHNAN V.G., AGED 38 YEARS, S/O. GOPALAN, VALIPARAMBIL HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, TRICHUR. BY ADV. SRI.PRADEESH CHACKO SRI.K.ANAND RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 3. THE BRANCH MANAGER, STATE BANK OF HYDERABAD, CHACKO TOWERS, PADMA JUNCTION, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ================================= CRL.M.C. No. 486 of 2008 ================================= Dated this the 11th day of February, 2008. O R D E R The petitioner, who is the 5th accused in crime No. 736/2007 of Central Police Station, Ernakulam for offences punishable under Sections 419, 468, 471 and 420 r/w Section 34 IPC, seeks to quash the FIR in the above case. According to the petitioner, in the FIR there are only three accused persons A1 to A3 and the petitioner has been falsely implicated during the course of investigation. 2. The learned Public Prosecutor on instructions submitted that the petitioner was also a conspirator in the occurrence resulting in the State Bank of Hyderabad being cheated for a sum of Rs.15 lakhs and the investigation is in progress. 3. It is too early to consider whether the petitioner had been falsely implicated or not. Merely because his name does not figure in the FIR, it does not mean he had absolutely no role in defrauding of the bank if after the investigation the role of the petitioner is also revealed in which case the Investigating Officer has every freedom to array him also as an accused. If the investigation results in a charge sheet and the charge sheet does not make out any offence against the petitioner at all, he can have recourse to the legal remedies. Reserving the above right of the petitioner, this Crl. M.C is dismissed. V. RAMKUMAR, JUDGE. rv