Whether an assessee firm under the Kerala General Sales Tax Act, 1963 and its partners be indicted under Section 420 of the Indian Penal Code alleging degradation and certain other allied questions that would decide the fate of Crime No.630/2004 of the Manjeri Police Station and all subsequent proceedings, as against the petitioner, crop up for consideration in this case. These questions arise in the following factual matrix:

2. The petitioner was one of the three partners of Gokulam Enterprises, a registered firm, under the K.G.S.T Act. Crime No.630/2004 of the Manjeri police station was registered against the firm and three of its partners, including the petitioner, based on Annexure B complaint filed by the Sales Tax Officer, Manjeri. Annexure-A F.I.R was registered pursuant to Annexure B complaint. The petitioner, the other partners and the firm are now facing indictment under Section 420 I.P.C. The allegation incorporated in the Annexure-A F.I.R is to the effect that the accused persons with the common intention to defraud failed to remit sales tax to the tune of about 103 lakhs in time, for the year 2002-03 and thus committed the alleged offence. It is also stated