IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2652 of 2008() ------------------------- CRIME NO. 355/08 OF VADAKKEKKARA POLICE STATION PETITIONERS/ACCUSED: --------------------------------- 1. ANISH, S/O. SEBASTIAN, VADAPURATH HOUSE GOTHURUTH, CHENDAMANGALAM, PARAVOOR. 2. RAJEEV, KACHERI HOUSE, DO. DO. 3. SANJAY KUMAR, S/O, SAHADEVAN, AMMANCHERIL HOUSE, DO. DO. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPR. BY SUB INSPECTOR OF POLICE, VADAKKEKKARA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2652 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R The petitioners face allegations in a crime registered alleging the offences punishable, inter alia, under Sections 324 and 452 I.P.C. They have applied for anticipatory bail. The same was dismissed, it is submitted at the Bar. 2. The petitioners submit that they are willing to surrender before the Investigating Officer or the learned Magistrate, but they apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions under Section 482 Cr.P.C. may be issued to consider their applications for bail expeditiously when the same is filed before the learned Magistrate. 3. It is certainly for the petitioners to appear before the Investigating Officer or the learned Magistrate and make applications for grant of bail before the learned Magistrate. I Crl.M.C.No. 2652 of 2008 2 have no reason to assume that the learned Magistrate would not consider the applications for bail to be filed by the petitioners when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. 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). 4. This application is accordingly dismissed, but with the observation that if the petitioners appear before the Investigating Officer or the learned Magistrate and make applications for grant of 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