IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4891 of 2008() ------------------------- CC.979/2008 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA CRIME NO.60/07 OF MAVELIKKARA POLICE STATION .................... PETITIONER(S): 1ST ACCUSED --------------- VIJAYAN @ VIJAYAKUMAR, S/O.NARAYANAN, PALACHUVATTIL VEEDU, ANGADICKAL MURI & VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS --------------- 1. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. 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 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4891 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioner is aggrieved by the order passed by the learned Magistrate refusing bail to him in a prosecution for offences punishable, inter alia, under Section 379 I.P.C. The petitioner was earlier granted bail by this Court in some other cases. Later he was detained under the provisions of the Kerala Anti Social Activities (Prevention) Act, 2007. That order of detention was later set aside. Subsequently his application for bail in C.C.No.979 of 2008 under Section 379 I.P.C was considered by the learned Magistrate and the prayer for bail was rejected. 2. The petitioner, instead of invoking the jurisdiction under Section 439 Cr.P.C and approaching the Sessions Court or this Court, has now come with this petition under Section 482 Cr.P.C. 3. What is the justification ? What is the prayer ? The short prayer is that the petitioner may be granted bail in C.C.No.979 of 2008. I fail to understand how that request can be made before this Bench dealing with applications under Crl.M.C. No.4891 of 2008 2 Section 482 Cr.P.C. It is for the petitioner to approach the Sessions Court or the High Court under Section 439 Cr.P.C for grant of regular bail. I find absolutely no circumstances justifying the prayer for invocation of the jurisdiction under Section 482 Cr.P.C. The alleged fact that the detention under the Kerala Anti Social Activities (Prevention) Act, 2007 was suppressed when earlier applications for bail were considered and allowed is no reason for this Court to now invoke the jurisdiction under Section 482 Cr.P.C and release the petitioner on bail. The petitioner must approach the appropriate court with application for regular bail under Section 439 Cr.P.C. The learned Public Prosecutor contests the assertion that the order of detention under the Kerala Anti Social Activities (Prevention) Act, 2007 was in existence when earlier applications for bail were considered by this Court. Be that as it may, the same being not strictly relevant, I am not going into that aspect. 4. This Crl.M.C is, dismissed with the above observations. Return the original of Annexure-4 to the learned counsel for the petitioner forthwith. (R.BASANT, JUDGE) rtr/-