IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4309 of 2008() ------------------------------------- (CRIME NO.234/08 OF THE KUNNAMANGALA POLICE STATION) PETITIONER(S): ------------------------- 1. SAFEER M.K.(A-1), S/O.UMMER, MALAKUZHIYIL HOUSE, KUNNAMANGALAM, KOZHIKODE. 2. YUSAF N.M. (A-2), S/O.KADIR, NAMBIDUMANNIL, KUNNAMANGALAM, KOZHIKODE. 3. HABEEB KARANTHOOR (A-3), S/O.ABDU, KUZHIPULATHIHL, KARANTHOOR. 4. ALAVI (A-4), S/O.AHAMMED HAJI, ARIYIL VEEDU, KUNNAMANGALAM. 5. BABUMON M., (A-6), S/O.AYAMMEDKUTTY HAJI, MOOLADANMANNIL, KUNNAMANGALAM. 6. BAIJU M.V.(A7), S/O.MALU, METHALAVADAKKAYIL, P.O.KUNNAMANGALAM. 7. SUHAIL C.(A8), S/O.ABOOBACKER, CHAKKERI, KARANTHOOR. 8. ABDU RAHIMAN (A9), S/O.KUNHAHAMMED, KAYACKAL, 10TH MILE, KUNNAMANGALAM. BY ADV. SRI.K.A.SALIL NARAYANAN Kss ..2/- .2... CRL.M.C.NO.4309/2008 RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4309 of 2008 ------------------------------------- Dated this the 12th day of November, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 3 of the Prevention of Damage to Public Property Act. All other offences are bailable offences. The petitioners had moved for anticipatory bail. The same has been rejected. The petitioners have not chosen to challenge the order rejecting their claim for anticipatory bail. They have now come to this Court with a prayer that direction under Section 482 Cr.P.C may be issued in their favour. 2. What direction is to be issued in their favour ? The counsel submits that there may be a direction to the learned Magistrate to consider the application for bail to be filed by the petitioners on merits, in accordance with law and expeditiously. 3. For that no special or specific directions are necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. The petitioners must surrender before the Investigating Officer or the learned Magistrate. They Crl.M.C. No.4309 of 2008 2 must file application for regular bail after giving sufficient prior notice to the Prosecutor in charge of the case. In that event the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously on the application for regular bail. Every court must comply with the directions in Alice George v. The Deputy Superintendent of Police. Non compliance can be complained of or challenged. No special or specific direction appears to be necessary. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must comply with the same. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-