IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 4127 of 2008() ------------------------- CRIME NO.419/08 OF THE BINANIPURAM POLICE STATION PETITIONER(S): --------------- SURESH, J., AGED 41 YEARS, S/O. JANARDHANAN.A., NANDANAM, MULAVANA P.O., KOLLAM-691 503. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE MANAGER (LAW & ADMINISTRATION), SREE SAKTHI PAPER MILLS LTD., REGISTERED OFFICE, “SREE KAILAS”, 57/2993-04, PALIAM ROAD, ERNAKULAM-682 016. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4127 of 2008 ------------------------------------------------- Dated this the 31st day of October, 2008 ORDER The petitioner is the 3rd accused facing allegations in a crime registered for offences punishable, inter alia, under Secs.420 and 468 IPC. The crux of the allegations is that the petitioner, along with the two others, is guilty of fraudulent creation of false documents in an attempt to cheat his employer. A complaint was filed by the employer to the police. A crime has been registered. Investigation is in progress. The petitioner, it is fairly submitted, had applied for anticipatory bail and the prayer for anticipatory bail has been rejected by the bail Bench of this Court. 2. Instead of challenging the order dismissing the application for anticipatory bail or surrendering before the learned Magistrate or the Investigating Officer, the petitioner Crl.M.C. No. 4127 of 2008 -: 2 :- has now come to this Court with this petition. 3. What is the reason? Though several grounds are seen stated in the Crl.M.C., the learned counsel for the petitioner, in the course of arguments, after discussions, only prays that there may be a direction to the learned Magistrate to consider the application for bail to be filed by the petitioner on his surrender before the learned Magistrate on merits, in accordance with law and expeditiously. 4. I am not persuaded to agree that any specific or special directions should be issued in favour of the petitioner. Sufficient general directions have already been issued in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) to remind the Magistrates of their duty to consider the applications for bail on merits, in accordance with law and expeditiously. I have no reason to assume that the learned Magistrate would not comply with the directions. 5. This Crl.M.C. is, in these circumstances, dismissed; but with the specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4127 of 2008 -: 3 :-