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. 4427 of 2008() ------------------------- CRIME NO. 285 OF 2008 OF MANJESHWARAM POLICE STATION PETITIONER/ACCUSED: -------------------------------- SHAHID ABDULLA, AGED 30 YEARS S/O. ABDULLA, RESIDING AT IRSHAD NAGAR KUNJATHUR VILLAGE, KASARGOD TALUK & DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, THROUGH STATION HOUSE OFFICER, MANJESHWARAM POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAKEENA BANU, AGED 22 YEARS D/O. IBRAHIM, THALIPADAPU HOUSE KINYA, KINYA VILLAGE AND POST MANGALORE TALUK, D.K. R1 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. 4427 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 O R D E R The petitioner faces allegations as the first accused in a crime registered alleging offences punishable, inter alia, under section 498A I.P.C. He is the husband of the defacto complainant. The crime was registered on the basis of a private complaint filed before the Chief Judicial Magistrate, Kasargod and referred by the Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. Some of the co-accused had come before this Court and had filed Crl.M.C.3843 of 2008 and the same was disposed of by order dt.16.10.2008. The petitioner was not available in India at that time. He was employed abroad. He now prays that identical directions as were issued in favour of the co-accused may be issued in favour of the petitioner herein also. 3. The petitioner can now apply for anticipatory bail before appropriate court. In the alternative he can surrender Crl.M.C.No. 4427 of 2008 2 before the Investigating Officer or the learned Magistrate and then apply for regular bail. If the petitioner chooses to appear before the Investigating Officer or the learned Magistrate and then apply for regular bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate will necessarily have to consider such application for bail on merits, in accordance with law and expeditiously in the light of the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). No special or specific direction appears to be necessary. Every court must do the same. It is not necessary for this court in every subsequent proceedings under Section 482 Cr.P.C. to direct the subordinate Magistracy to comply with the directions issued in the decision referred above. If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed with the above specific observations. 5. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4427 of 2008 3