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. 3092 of 2008() ------------------------- CRIME NO. 373/08 OF PARASSALA POLICE STATION .................... PETITIONER: ACCUSED ------------------- DILEEP KUMAR, S/O.AGREEV, AGED 19 YEARS, MANATHATTUVILA VEEDU, KEEZHKOLLA, VATTAVILA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED 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 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3092 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R The petitioner claims to be a 19 year old young man, who faces allegations in a crime registered alleging the offence punishable under Section 380 I.P.C. He had moved the learned Sessions Judge for anticipatory bail. The same was rejected. The petitioner has, in these circumstances, according to me unnecessarily, come to this Court seeking a direction under Section 482 Cr.P.C. He has not chosen to seek anticipatory bail from this Court. Hew has not chosen to surrender before the Investigating Officer or the learned Magistrate. Instead, he has come to this Court with a prayer that directions under Section 482 Cr.P.C. may be issued. He is willing to surrender before the Investigating Officer or the learned Magistrate, but he apprehends that 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. 3092 of 2008 2 2. I find the apprehension to be totally unjustified. If a person surrenders before the learned Magistrate, the learned Magistrate must consider the application on merits, after giving notice to the Prosecutor in charge of the case, in accordance with law and expeditiously. It will not be proper for this court to stipulate any time limit for the disposal of that application. Suffice it to say that such application filed by the accused person will have to be considered on merits, in accordance with law and expeditiously. 3. 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