IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Crl.MC.No. 4345 of 2008() ------------------------- Cr.No.59/2006 OF MANJESHWAR POLICE STATION PETITIONER(S): ACCUSDE ---------------------- ASHOK KUMAR, S/O.LATE PADMANABHA "NIDUMADI" KODIBAIL, UPPALA VILLAGE, UPPALA, KASARAGODE. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4345 of 2008 ------------------------------------- Dated this the 13th day of November, 2008 ORDER Petitioner faces allegations in a crime alleging commission of offences punishable under the Kerala Abkari Act. Crime was registered as early as in 2006. According to the petitioner he is absolutely innocent. He was not earlier arrayed as an accused. Now attempts are being made to array him as an accused and to arrest him. The petitioner had moved this Court for anticipatory bail and the bail Bench of this Court had already dismissed that application. The petitioner has not challenged the said order. The petitioner has not so far appeared before the learned Magistrate or the Investigating Officer and he has not sought regular bail. 2. The petitioner has now come to this Court with a prayer that directions under Section 482 Cr.P.C may be issued in his favour. What are the directions to be issued ? The counsel prays that the learned Magistrate may be directed to consider the application for bail on the date of surrender itself. 3. I find no merit in this prayer. It is for the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. This Court has time and again repeated that applications for bail of an accused person, who surrenders before the learned Magistrate must be considered on merits, in accordance with law and expeditiously. Crl.M.C. No.4345 of 2008 2 4. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 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 petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-