IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2887 of 2008() ------------------------- (CRIME NO.405/08 OF KONNI POLICE STATION) PETITIONER/2ND ACCUSED: ------------ RAVEENDRAN, AGED 65 S/O, GOPALAN, ENCHAPPARAYIL HOUSE, ATHUMPUMKULAM, KONNI. BY ADV. SRI.V.SETHUNATH RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION, 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PP - SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2887 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R The petitioner faces indictment as the second accused in a crime registered alleging the offence punishable under Section 411 I.P.C. The petitioner was not arrested at any prior stage, it is submitted. Final report has not been filed yet. Investigation is in progress. 2. The petitioner, instead of appearing before the Investigating Officer or the learned Magistrate and seeking bail or anticipatory bail, has come to this Court with this petition under Section 482 Cr.P.C. The petitioner submits that oblique motive prompts the action against the petitioner. He is willing to appear before the learned Magistrate. He prays that appropriate direction under Section 482 Cr.P.C. may be issued in his favour. 3. In the given situation it is for the petitioner either to seek anticipatory bail or choose to appear before the Investigating Officer or the learned Magistrate and then seek regular bail. I have no reason to assume that if the petitioner Crl.M.C.No. 2887 of 2008 2 surrenders before the Investigating Officer or the learned Magistrate and seeks regular bail, his application for bail shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 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). I find no reason to issue any specific direction under Section Section 482 Cr.P.C. 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