IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4608 of 2008() -------------------------------------- (CRIME NO.588 OF 2008 OF PAYYANNOOR POLICE STATION) .................... PETITIONER(S): ACCUSED 2,3,6,7 & 9: --------------------------------------------------------- 1. E.M.P.SHUKKOOR, S/O.ABDULLA, AGED 32 YEARS, EMP HOUSE, PAYYANNOOR AMSOM, KAVAI. 2. K.NAZAR, S/O.ABDUR RAHIMAN, AGED 28 YEARS, KUTHIRUMMAL HOUSE, PAYYANNUR AMSOM, KAVAI. 3. V.P.NOORUDHEEN, S/O.HUSSAIN, AGED 27 YEARS, V.P.HOUSE, PAYYANNUR AMSOM, KAVAI. 4. T.C.MOHAMMED ASHRAF, AGED 26 YEARS, S/O.KUNJU MOIDEEN, THAYIL HOUSE, PAYYANNUR AMSOM, KAVAI. 5. K.P.HASHIM, S/O.MUHAMMED, AGED 24 YEARS, K.P.HOUSE, PAYYANNUR AMSOM, KAVAI. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ----------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PAYYANNOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4608 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 436 r/w 149 I.P.C. Investigation is in progress. The petitioners have not been arrested yet. The petitioners went before the Bail Bench of this Court seeking anticipatory bail and their application has been dismissed by Annexure-1 order. That order remains unchallenged. The petitioners have come to this Court with a prayer that directions under Section 482 Cr.P.C may be issued in favour of them. 2. What are the directions to be issued ? The counsel submits that there may be a direction that if the petitioners surrender before the Investigating Officer or the learned Magistrate and seek regular bail, such application for regular bail may be considered on the date of surrender itself. I am afraid that such a direction cannot be given. I am unable to ascertain what material shall be placed before the learned Magistrate after such arrest and interrogation. The learned Crl.M.C. No.4608 of 2008 2 Magistrate will have to consider such materials and pass appropriate orders. Sufficient general directions have been issued impressing upon the courts below the need for expedition for disposal of the bail applications of persons who surrender before them. In Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339], sufficient general directions have been given. I am not satisfied that any further specific or special general directions deserve to be issued in this case. Needless to say, the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] will certainly have to be complied with by the subordinate courts. 3. With the above observations, this Crl.M.C is dismissed. (R.BASANT, JUDGE) rtr/-