IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3093 of 2008() ------------------------- CRIME NO. 336/08 AND 222/08 OF ALAPPUZHA SOUTH POLICE STATION PETITIONER: ------------ NIZAR, AGED 26 YEARS, S/O.ABDUL KHADER KUNJU, THOUFEEQ MANZIL, WARD NO.6, MANNANCHERRY, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, MUHAMMA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3093 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R The petitioner faces allegations in two crimes, both registered at Alappuzha South police station and both registered alleging the offence punishable under Section 379 I.P.C., it is submitted. The petitioner had applied for anticipatory bail in both these cases, but the application was rejected by another Bench of this Court. Instead of surrendering before the Investigating Officer or the learned Magistrate, the petitioner has, unnecessarily according to me, come to this Court with this petition seeking directions under Section 482 Cr.P.C. 2. What is the direction under Section 482 Cr.P.C. that the petitioner wants? The learned counsel for the petitioner submits that the petitioner apprehends that when he surrenders before the Investigating Officer or the learned Magistrate his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 3093 of 2008 2 3. The learned counsel for the petitioner submits that in fact he is willing to surrender before the Investigating Officer also. But he apprehends that his arrest may not be recorded and he may be detained in custody indefinitely. 4. It is for the petitioner to appear before the Investigating Officer or the learned Magistrate and seek regular bail. When such application is filed, the learned Magistrate must proceed to consider such application on merits, in accordance with law and expeditiously. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm Crl.M.C.No. 3093 of 2008 3