IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4723 of 2008() ------------------------- CRIME NO.628/2008 OF VALANCHERI POLICE STATION .................... PETITIONER(S): 1ST ACCUSED: --------------------------- YOUSUFF, S/O.MOHAMMED, PARAVAKKAL HOUSE, EDAYUR POST, VALANCHERY POLICE STATION LIMIT. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): STATE AND COMPLAINANT: ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALANCHERI POLICE STATION, (CRIME NO.628/2008). PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4723 of 2008 ---------------------------------------- Dated this the 5th day of December 2008 O R D E R The petitioner as the first accused faces indictment in a prosecution for offences punishable inter alia under Sections 3 and 7 of the Essential Commodities Act. The petitioner moved for anticipatory bail. But the prayer for anticipatory bail was rejected by the learned Sessions Judge. The petitioner has not been arrested thereafter. Investigation is not complete. Final report has not been filed. 2. According to the petitioner he is absolutely innocent. He is willing to surrender before the investigating officer or the learned Magistrate and then seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The crime is at the stage of investigation. It is for the petitioner either to appear before the investigating officer or the learned Magistrate and then seek regular bail. The petitioner has a contention that the allegations raised against him reveal only bailable offences. The petitioner Crl.M.C.No.4723/08 2 can appear before the investigating officer or the learned Magistrate and then seek regular bail. Such application must be considered by the learned Magistrate on merits, in accordance with law and expeditiously - in the light of the decision in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. No further or special directions need be issued. Needless to say, the application for grant of regular bail has to be considered on merits notwithstanding the rejection of the earlier claim for anticipatory bail. 3. This petition is dismissed with the above observations. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4723/08 3 Crl.M.C.No.4723/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008