IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3420 of 2008() ------------------------------------- (CRIME NO.214/2006 OF ADHUR POLICE STATION) PETITIONER: 5TH ACCUSED: -------------------------------------------- P.N. GOPALAKRISHNAN (ASSISTANT SUB INSPECTOR OF POLICE NOW UNDER SUSPENSION)AGED 51 YEARS, S/O. THIMMAPPA, EAROOR, BARA VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: COMPLAINANT/STATE: ------------------------------------------------------------ 1. DY. SUPERINTENDENT OF POLICE, CRIME BRANCH CID, KANNUR. 2. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, ADHUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3420 of 2008 ------------------------------------------------- Dated this the 5th day of September, 2008 ORDER The petitioner faces indictment as the 5th accused in a crime which was registered initially under the caption “woman missing”. Later, in the course of investigation, an allegation under Sec.302 IPC was included. According to the petitioner, there is no allegation whatsoever against him for the offence under Sec.302 IPC. In the crime, the offence under Sec.201 IPC has subsequently been included by a report filed by the Investigating Officer. The petitioner has also been arrayed as an accused. The counsel submits that as against the petitioner, even accepting the worst allegations against him, there is no chance or semblance of allegation under Sec.302 IPC. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But the petitioner Crl.M.C. No. 3420 of 2008 -: 2 :- apprehends that the learned Magistrate merely because the Section of offence alleged in the FIR is 302 may not consider the application for bail filed by the petitioner. The mere fact that as against the co-accused the allegation under Sec.302 IPC has been included may not be permitted to operate to the prejudice of the petitioner, submits the learned counsel for the petitioner. As the petitioner apprehends that the learned Magistrate may follow such a course which does not have the sanction of law, the petitioner has come to this Court with a request that directions under Sec.482 Cr.P.C. may be issued. 2. The petitioner must surrender before the learned Magistrate and seek regular bail. His application for bail must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. If there is no allegation raised against the petitioner under Sec.302 IPC either directly or vicariously, there can be no question of the petitioner's bail application being rejected for the reason that in the crime the offence under Sec.302 IPC is also alleged. I do not think that any specific or special directions need be issued. It is elementary that the learned Magistrate must look into the allegations against the petitioner and not merely the allegations raised in the crime against the other accused persons. I have no Crl.M.C. No. 3420 of 2008 -: 3 :- reason to assume that the learned Magistrate would not properly advert to the real issues in the case and will not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). No further or specific directions appears to be necessary. 3. This Crl.M.C. is, in these circumstances, dismissed with the above observations. 5. 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. 3420 of 2008 -: 4 :-