IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3984 of 2008() -------------------------------------- (CR.NO.246/2007 OF MANJESHWAR POLICE STATION) PETITIONER(S): ACCUSED NO.6: ------------------------------------------------- SUDHEER KUMAR.M, S/O. NARAYANA BANGERA, GODDEKERI, SURAMTHOD, MANJESHWARAM, KASARAGOD, NOW RESIDING AT SWAGANDHIKA NILAYA, SANTHOSH NAGAR, VAMANJOOR, MANGALORE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT:STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION. 2. STATE OF KERALA, REP. 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 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3984 OF 2008 ----------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 55(a) of the Kerala Abkari Act. There are other non-bailable offences also alleged against the petitioner. According to the petitioner, he is absolutely innocent. He apprehends imminent arrest. 2. Without moving the courts for anticipatory bail, the petitioner has come rushing to this court with this petition under Section 482 Cr.P.C. He prays that directions may be issued under Section 482 Cr.P.C to the learned Magistrate. He may be enabled to surrender before the learned Magistrate and seek regular bail. The learned Magistrate may be directed to consider his application for bail on merits, in accordance with law and expeditiously – in the light of the decision in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. 3. It is certainly for the petitioner to surrender before the learned Magistrate and seek regular bail. Needless to say, if the petitioner so surrenders, the learned Magistrate must make every Crl.M.C. No. 3984 OF 2008 -:2:- attempt to ensure that the application for regular bail is considered on merits, in accordance with law and expeditiously. No special or specific direction does appear to be necessary. I have no reason to assume that the directions in Alice George(supra) shall not be followed by the learned Magistrate. 4. With the above observations, this Crl.MC is dismissed. 5. Hand over copy of this order to the learned counsel for the petitioner. R. BASANT, JUDGE ttb Crl.M.C. No. 3984 OF 2008 -:3:- Crl.M.C. No. 3984 OF 2008 -:4:-