IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 4413 of 2008() ------------------------- CRIME NO.519/08 OF MUKKAM POLICE STATION PETITIONER(S): --------------- SHIHABUDEEN, S/O.UNNIMOYI, PARACKAL HOUSE, POOVATHIKKAL.P.O, MAITHRA, AREEKODE, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4413 of 2008 ------------------------------------- Dated this the 18th day of November, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 379 I.P.C and the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Crime has been registered. Investigation is in progress. A vehicle belonging to the petitioner has been seized. An application for release of the vehicle is pending before the learned Magistrate. The petitioner, in these circumstances, apprehends imminent arrest at the hands of the Investigating Officer. 2. According to the petitioner he is absolutely innocent. He is willing to surrender before the Investigating Officer or the learned Magistrate. 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 directions may be issued under Section 482 Cr.P.C to follow the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and dispose of his Crl.M.C. No.4413 of 2008 2 application for regular bail. The petitioner has not applied for anticipatory bail. Of course, he can choose to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. Needless to say, the application for regular bail to be filed by the petitioner will have to be disposed of by the learned Magistrate on merits, in accordance with law and expeditiously in accordance with the directions in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-