IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4920 of 2008() -------------------------------------- (CRIME NO.239/2008 OF NEYYATTINKARA POLICE STATION) PETITIONER(S): 1ST ACCUSED: ----------------------------------------------- AJAYAGOSH, AGED 24 YEARS, S/O.RAGHAVAN, R.V.BHAVAN, THORANAM THALAYKAL, CHAYKKOTTUKONAM, NEYYATTINKARA. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB – R1 TO R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4920 of 2008 ------------------------------------- Dated this the 18th day of December, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The petitioner approached the bail Bench of this Court with an application for anticipatory bail. That application was rejected by the learned Judge. The petitioner has not challenged the said orde. He has not chosen to surrender before the Investigating Officer or the learned Magistrate. He has come again to this Court seeking issue of direction under Section 482 Cr.P.C. 3. What is the direction that the petitioner seeks under Section 482 Cr.P.C ? It is prayed that there may be a direction to the Magistrate to release the petitioner on bail when he appears or surrenders before the learned Magistrate. It is alternatively prayed that there may be at least a direction to the Magistrate to consider the application for regular bail on merits, in accordance with law and expeditiously. Crl.M.C. No.4920 of 2008 2 4. I am not persuaded to agree that in this case where the investigation is pending, any special or specific directions need be issued. This Court has time and again repeated that the application filed by the person who surrenders before the Magistrate must be considered on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not persuaded to agree that any further or more specific direction need be issued in this case. 5. This Crl.M.C is, in these circumstances, dismissed, but subject to the above observations. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-