IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4447 of 2008() -------------------------------------- (CRIME NO.257/07 OF KADUTHURUTHY POLICE STATION) PETITIONER(S): 6TH ACCUSED: ------------------------------------------------ P.S.SRIKUMAR, AGE 24 YEARS, S/O.SUKUMARAN, PALAKKALKALAYIL HOUSE, ILLITHONDUBHAGAM, THALAYOLAPARAMBU, VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4447 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 452 r/w 34 I.P.C. The petitioner has not been arrested so far. Investigation is in progress. The petitioner apprehends imminent arrest. The petitioner has not sought anticipatory bail so far. But he has come to this Court now with this application under Section 482 Cr.P.C for issue of directions. 2. According to the petitioner, he is innocent. He is willing to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that appropriate directions may be issued to the learned Magistrate to consider his bail application expeditiously in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. Crl.M.C. No.4447 of 2008 2 3. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] to oblige the subordinate courts to consider applications for bail filed by accused who surrender before the Magistrates as expeditiously as possible. No special or specific direction appears to be necessary in the facts and circumstances of this case. I have no reason to assume that the same shall not be done. Every court must do the same. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-