IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 76 of 2009() ----------------------------------- (CRIME NO.247/2008 OF BADIADKA POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- 1. IBRAHIM, S/O.MAMUNHI, VONDICHAL HOUSE, KUNDIIKANA, PERLA, KASARAGOD. 2. ASHARAF, S/O.IBRAHIM, VONDICHAL HOUSE, KUNDIIKANA, PERLA, KASARAGOD. 3. ABDULLA, S/O.IBRAHIM, VONDICHAL HOUSE, KUNDIIKANA, PERLA, KASARAGOD. 4. SATHAR, S/O.BAPUTIMATHER, VOLAMOGAR HOUSE, ARIAPADY, PERLA, KASARAGOD. 5. KOTER SHAJI, S/O.ABDULRAHMAN KOTER, ARIAPADY, PERLA, KASARAGOD. 6. SIDDIQUE, S/O. SEEDEEN KUNHI, KARAMULA HOUSE, ARIAPADY, PERLA, KASARAGOD. 7. RAHIM, S/O.MOHAMED, PALLAM HOUSE, ARIAPADY, PERLA, KASARAGOD. 8. MUSTHAFA, S/O.ABDULLA, RALAMGER HOUSE, ARIAPADY, PERLA, KASARAGOD. Kss ..2/- ..2.... CRL.M.C.NO.76/2009 9. IBRAHI, S/O.ABDUL RAHMAN, PALLAM HOUSE, ARIPADY, PERLA, KASARAGOD. 10. ABDUL RAHMAN @ ANDU, S/O.ABDULLA HAJI, GONAJE HOUSE, ARIAPADY, PERLA, KASARAGOD. 11. MOHAMMED, S/O.ABDULLA HAJI, MANDIATHADHA HOUSE, ARIAPADY, PERLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, BADIADKA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.76 of 2009 ---------------------------------------- Dated this the 8th day of January 2008 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable under Section 308 read with 149 I.P.C. Investigation has commenced. The petitioners have not been arrested yet. They have not chosen to seek anticipatory bail from the courts concerned. They submit that they are innocent. They are willing to surrender before the investigating officer or the learned Magistrate and seek regular bail. But they apprehend that their application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 2. The matter is at the crime stage. The petitioners have not sought anticipatory bail. They must surrender before the investigating officer or the learned Magistrate and seek regular bail. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1) KLT 339]. It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Crl.M.C.No.76/08 2 Alice George (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 4. In the result, this petition is dismissed subject to the above specific observations. (R.BASANT, JUDGE) jsr Crl.M.C.No.76/08 3 Crl.M.C.No.76/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008