IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4601 of 2008() ------------------------- CRIME NO.250/08 OF KODENCHERRY POLICE STATION PETITIONER(S): --------------- 1. NIZAR, S/O.ABDULLA MOOZHIYIL KOODATHAYI AMSOM, PALONA DESOM, KOZHIKODE. 2. MUNEER, S/O.USSAIN, KURUNTHOTIKONDY KOODATHAYI AMSOM, PALONA DESOM. 3. ANWAR, S/O.MUHAMMED KOYA, ANDIYATH, KOODATHAYI AMSOM, PALONA DESOM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4601 of 2008 ---------------------------------------- Dated this the 27th day of November 2008 O R D E R Petitioners face allegations in a crime registered under Section 379 I.P.C. Investigation is in progress. The petitioners have not been arrested so far. The petitioners apprehend imminent arrest. 2. The petitioners have not sought anticipatory bail. Instead they have chosen to come to this court for issue of directions under Section 482 Cr.P.C. 3. Investigation is in progress and the offence alleged is one under Section 379 I.P.C, the petitioners can either seek anticipatory bail or can choose to surrender before the investigating officer or the learned Magistrate having jurisdiction. If they so surrender before the investigating officer or the learned Magistrate and thereafter apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, needless to say, such application for bail must be considered and disposed of 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 Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. I have no reason to assume that the same shall not be done. Every court must do the same. If the directions are not complied with the avenues of challenge/complaint are available for the petitioners. 3. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008