IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 127 of 2009() ---------------------------------- CRIME NO.257/2008 OF THRIKODITHANAM POLICE STATION ......... PETITIONER(S): ACCUSED ---------------------- DEVASIA P.M., @ BIJU, S/O.LATE MATHAI, PARAYIL HOUSE, MAMMOOD P.O., MADAPPALLY VILLAGE. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): COMPLAINANT -------------------------- KERALA STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRIKODITHANAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.127 of 2009 ------------------------------------- Dated this the 9th day of January, 2009 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under the Kerala Rationing Order. Investigation is in progress. The petitioner has not been arrested. Final report has not been filed yet. 2. At this stage the petitioner has come to this Court with a prayer that directions may be issued under Section 482 Cr.P.C to the learned Magistrate to consider the application for bail, to be filed by the petitioner on his surrender, on merits, in accordance with law and expeditiously. According to the petitioner, he had filed an application for anticipatory bail. The prosecution kept on seeking time. The threat of arrest is hanging over his head all along. In these circumstances, the petitioner has now decided to surrender before the Investigating Officer or the learned Magistrate. It is hence prayed that direction may be issued under Section 482 Cr.P.C for expeditious consideration and disposal of his application for regular bail. Crl.M.C. No.127 of 2009 2 3. The matter is at the crime stage. The petitioner must surrender before the Investigating Officer or the learned Magistrate. He must thereafter apply for bail. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] that such an application must be considered on merits, in accordance with law and expeditiously. I am not satisfied that any further special or specific directions need be issued in the matter. It is for the petitioner to surrender before the learned Magistrate and seek regular bail. If he so seeks regular bail, needless to say, the application for regular bail must be considered on merits, in accordance with law and expeditiously, in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is accordingly dismissed, but with the above observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-