IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 417 of 2009() ------------------------ CRIME NO. 3/09 OF BEDAKAM POLICE STATION PETITIONER/ACCUSED: --------------------- KRISHNAN @ POOCHA KRISHNAN AIYYALA HOUSE, KOLLAR VILLAGE, KASARGODE. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REP. BY INSPECTOR OF POLICE BEDAKAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 417 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 O R D E R The petitioner faces allegations in a crime registered under Section 55(a) of the Kerala Abkari Act. Investigation is in progress. The petitioner has not been arrested. He apprehends imminent arrest. 2. He has not chosen to surrender before the Investigating Officer or the learned Magistrate and seek regular bail under Section 437 Cr.P.C. Instead he has come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) is complied with and that the petitioner's application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 3. The petitioner has not chosen to seek anticipatory bail. If that be so, the only option available to him is to surrender Crl.M.C.No. 417 of 2009 2 before the Investigating Officer or the learned Magistrate and then seek regular bail. I have no reason to assume that the application for regular bail to be filed by the petitioner on his surrender before the Investigating Officer or the learned Magistrate will not be considered on merits, in accordance with law and expeditiously. I have no reason to assume that the direction in the decision in Alice George (supra) shall not be followed by the learned Magistrate. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. 5. Hand over the order. (R. BASANT) Judge tm