IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4820 of 2008() ---------------------------------- CRIME NO.251/2007 OF MANJESHWAR POLICE STATION ........ PETITIONER(S): 4TH ACCUSED ----------------------- JAYARAMA SHETTY, S/O.GANGADHARA SHETTY CHARLA HOUSE, KULOOR, MANJESHAWAR, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ---------------------------- 1. ADDL.SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, KASARAGODE. 2. SUB INSPECTOR OF POLICE, MANJESWHAR POLICE STATION, KASARAGODE. 3. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4820 of 2008 ------------------------------------- Dated this the 12th day of December, 2008 ORDER Petitioner faces allegations in a crime registered alleging the offence under Section 55 (a) of the Kerala Abkari Act. The alleged incident took place on 16.08.07. The petitioner is arrayed as an accused. The petitioner has not been arrested so far. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The petitioner has not filed any application for anticipatory bail. He has not surrendered before the Investigating Officer or the learned Magistrate. The petitioner has now chosen to come before this Court with this petition under Section 482 Cr.P.C. 3. What is the direction that the petitioner seeks under Section 482 Cr.P.C in these circumstances ? The learned counsel for the petitioner submits that there may be a direction to the learned Magistrate to release the petitioner on bail when he surrenders and applies for bail. Crl.M.C. No.4820 of 2008 2 4. I am afraid that such a direction cannot and need not be granted. The petitioner must appear before the Investigating Officer or the learned Magistrate and seek regular bail in the ordinary and normal course. If such application for regular bail is filed with sufficient prior notice to the Prosecutor in charge of the case, needless to say, such application must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am satisfied that no further or more specific directions need be issued. 5. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-