IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2294 of 2008 --------------------------------- (CRIME NO. 245/2008 OF BEKAL POLICE STATION) .................. PETITIONER/ ACCUSED: ----------------------------------- MOHAMMED RAFI(A2), S/O.KATTAKAL SHAFI, RIZVAN CITTAGE, KATTAKAL,KALANAD PO, KALANAD, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP, BY INSPECTOR OF POLICE, BEKAL POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2294 of 2008 ------------------------------------------------- Dated this the 19th day of June, 2008 ORDER The petitioner is the 2nd accused in a crime registered alleging offences punishable, inter alia, under Sec.452 read with Sec.34 of the IPC. That is the only non-bailable offence alleged, it is submitted. Crime has been registered. Investigation is in progress. The petitioner has rushed to this Court with a prayer that he may be permitted to surrender before the learned Magistrate and seek regular bail. He apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 2. The petitioner has the option of appearing before the Investigating Officer or the learned Magistrate. He can then seek regular bail in the normal course. If the petitioner Crl.M.C. No. 2294 of 2008 -: 2 :- surrenders, after giving sufficient prior notice to the Prosecutor in charge of the case, I have no reason to assume that his application for regular bail shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Sufficient general directions have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 3. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge