IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4237 of 2008() -------------------------------------- (CRIME NO.191/2008 OF RAJAPURAM POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- JAISON JOSEPH, AGED 37 YEARS, S/O.JOSEPH, KUPPOZHAKKAL HOUSE, PADIMARUTHU P.O, HOSDURG TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANEES THOMAS, W/O.THOMAS, PERUKAROTT HOUSE, PADIMARUTHU, KODOM VILLAGE & POST, HOSDURG, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4237 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.452 and 324 IPC. In the course of investigation, allegation under Sec.308 IPC has also been included. According to the petitioner, the inclusion of the allegation under Sec.308 IPC is totally unjustified. On fanciful allegations that charge has been included in the crime. Injury is on the chest. It is allegedly inflicted with a knife. 2. I shall not embark on a more detailed discussion invoking the jurisdiction under Sec.482 Cr.P.C. I am not, at this stage of the proceedings, able to hazard an opinion as to whether the inclusion of the offence under Sec.308 IPC is justified or not. Crl.M.C. No. 4237 of 2008 -: 2 :- 3. The petitioner, if he thinks he is entitled to the same, must seek anticipatory bail from the competent court. In the alternative, he has to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail. No directions under Sec.482 Cr.P.C. incorporating a pronouncement on the validity of the inclusion of the allegation under Sec.308 IPC does appear to be necessary or possible at this stage. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to surrender before the learned Magistrate and seek regular bail. The learned Magistrate may be directed to consider the application for anticipatory bail on merits, in accordance with law and expeditiously as directed by this Court in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 5. Needless to say, if the petitioner surrenders before the learned Magistrate and seeks 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 and expeditiously in the light of the decision in Alice George. No special or specific directions appear to be necessary. Every court must do the same. Crl.M.C. No. 4237 of 2008 -: 3 :- 6. This Crl.M.C. is, in these circumstances, dismissed with the above observations. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge