IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4970 of 2008() ------------------------- CRIME NO. 513/2007 OF KASARAGODE POLICE STATION PETITIONER/A5: --------------- S.K. ABDULLA, S/O. MOHAMMED KUNHI 8TH MAIL HOUSE, POVVAL, MULLIYAR MULLIYAR, KASARAGODE. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/COMPLAINANT: ----------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE KASARAGODE POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4970 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioner faces allegations in a crime registered alleging the offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. Investigation is in progress. The petitioner, who is arrayed as the fifth accused, has not been arrested yet. The petitioner has not sought anticipatory bail. He has not surrendered before the Investigating Officer or the learned Magistrate. The petitioner has now come to this Court with this petition seeking invocation of the jurisdiction under Section 482 Cr.P.C. 2. What is the nature of direction that the petitioner seeks under Section 482 Cr.P.C.? The counsel for the petitioner submits that there may be a direction that the application for bail to be filed by the petitioner after his surrender before the learned Magistrate or the Investigating Officer must be considered and disposed of on merits, in accordance with law and expeditiously by the learned Magistrate. Crl.M.C.No. 4970 of 2008 2 3. The matter is pending at the stage of investigation. The petitioner has not so far appeared before the Investigating Officer or the learned Magistrate. Sufficient general directions have already been issued in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) to ensure expeditious consideration of applications for bail of accused persons, who surrender before courts. 2. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decision referred above. If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. 5. Hand over the order. (R. BASANT) Judge tm