IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3660 of 2008() ------------------------- CRIME NO.301/2008 OF ELATHOOR POLICE STATION .................... PETITIONER(S): --------------- RAVI K., AGED 37 YEARS, S/O. KANARAN KOLLIYEDATH), MAKUTTAM PARAMBA, PARAPPARA, ANNASSERI, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ RESPONDENT(S): --------------- STATE OF KERALA REP. BY STATION HOUSE OFFICER, CRIME FIR NUMBER 301 OF 2008, ELATHUR POLICE STATION, KOZHIKODE. REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3660 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R The petitioner faces allegations in a crime registered alleging the offence punishable under Section 307 I.P.C against him. 2. According to the petitioner, he is absolutely innocent. He had suffered injuries and was admitted in the hospital. At the hospital, he was attacked. He suffered injuries. In respect of that incident, another crime has been registered. The crime against him is registered as crime No.301/2008 on Elathoor police station. The crime in respect of the attack on him at the hospital is registered as crime No.257/2008 of Vellayil police station under Section 323 I.P.C. According to the petitioner, he is absolutely innocent. The quarry mafia is making false allegations against him. They have influence with the police. The petitioner apprehends physical injury if he were arrested by the police. The petitioner is now undergoing treatment at the hospital. His application for anticipatory bail has already been rejected by the learned Sessions Judge. In these circumstances, Crl.M.C.No.3660/08 2 it is prayed that appropriate directions may be issued under Section 482 Cr.P.C. 3. In the peculiar facts and circumstances of this case, I accept the submission of the learned counsel for the petitioner and direct that the petitioner shall surrender before the learned Magistrate at 11 a.m on 03/10/2008. The learned Public Prosecutor undertakes that the petitioner shall not be arrested till then. The petitioner may apply for regular bail on surrender before the learned Magistrate and the learned Magistrate must consider the same on merits and in accordance with law and pass appropriate orders expeditiously. 4. With the above directions, this Crl.M.C is allowed in part. (R.BASANT, JUDGE) jsr Crl.M.C.No.3660/08 3 Crl.M.C.No.3660/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008