IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4836 of 2008() ----------------------------------- CRIME NO.441/2008 OF POOYAPPALLY POLICE STATION ..... PETITIONER(S): ----------------------- 1. SURESH, S/O.GOPALAN, SUMA SADANAM, MARAVANCODE COLONY, VELIYAM VILLAGE,KOTTARAKKARA, KOLLAM DISTRICT. 2. LAL, S/O.ANIRUDHAN, MOTTAVILA VEEDU, MARAVANCODE COLONY, VELIYAM VILLAGE,KOTTARAKKARA, KOLLAM DISTRICT. 3. SAJEEV, S/O.SURENDRAN, SAJEEV VILASOM, MARAVANCODE COLONY, VELIYAM VILLAGE,KOTTARAKKARA, KOLLAM DISTRICT. 4. RAJESH, S/O.SELVARAJAN, RAJESH BHAVANAM, MARAVANCODE COLONY, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 5. SUGATHAN, S/O. GOPALAN, SUMA SADANAM, MARAVANCODE COLONY, VELIYAM VILLAGE, KOTTARAKKARA , KOLLAM DISTRICT. 6. SAJIMON, S/O. RAJAN, SAJI BHAVANAM, MARAVANCODE COLONY, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 7. SABU, S/O. BABU, SABU BHAVANAM, MARAVANCODE COLONY, VELIYAM VILLAGE, KOTTARAKKARA , KOLLAM DISTRICT. 8. UNNI, S/O. BABU, SABU BHAVANAM, MARAVANCODE COLONY, VELIYAM VILLAGE, KOTTARAKKARA , KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR CRMC. 4836/2008 RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4836 of 2008 ------------------------------------- Dated this the 12th day of December, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 326 r/w 149 I.P.C. Investigation is in progress. Altogether there are 49 accused persons, it is submitted. The petitioners went before the bail Bench of this Court seeking anticipatory bail. That application was dismissed. The petitioners had not appeared before the Investigating Officer or the learned Magistrate as directed in the order passed in the anticipatory bail application. The petitioners have instead chosen to come to this Court again with this petition. 2. What is the prayer ? What is the nature of the directions that are sought under Section 482 Cr.P.C ? The learned counsel for the petitioners submits that there is a counter case also. The petitioners only want their bail application to be considered on merits, in accordance with law and expeditiously. The learned Magistrate may be directed to take into account all the necessary circumstances and pass appropriate orders in the application for regular bail to be filed by the petitioners. Crl.M.C. No.4836 of 2008 2 3. I find absolutely no merit in the prayer. Every court is expected to consider applications for bail filed by the accused, who surrender before the courts, on merits, in accordance with law and expeditiously. Such application will have to be considered by the learned Magistrate under Section 437 Cr.P.C after adverting to all relevant circumstances. No specific or special directions appear to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I have no reason to assume that the learned Magistrate would not pass an appropriate order on merits, in accordance with law and expeditiously. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-