IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 4384 of 2008() ------------------------- CP.128/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): --------------- 1. SASI, S/O.KOCHU KUNJU, THOTTADI CHARIVIL, PENNUKARA VADAKKUM MURI, POOMALA P.O., ALA VILLAGE, CHENGANNUR. 2. MADHU, S/O.KOCHU KUNJU, -DO- -DO- BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4384 of 2008 ---------------------------------------- Dated this the 17th day of November 2008 O R D E R The petitioners face indictment for offences punishable inter alia under Section 308 I.P.C. The petitioners had come to this court seeking anticipatory bail and by Annexure I order, the petitioners were granted anticipatory bail subject to conditions. The petitioners had appeared before the investigating officer and was enlarged on bail on their executing bonds with sureties. The petitioners were allegedly informed by the police that they need appear now only after receipt of summons. 2. Investigation is now complete. Final report has already been filed. Committal proceedings has been registered. The petitioners have received summons to appear before the learned Magistrate. They are willing to appear before the learned Magistrate. But the petitioners apprehend that they may not be granted regular bail as the petitioners had omitted to comply with the condition in the order granting anticipatory bail that the petitioners must surrender before the learned Magistrate and seek regular bail within a period of one month. In these circumstances, the petitioners have come before this court with a prayer for issue of directions under Section 482 Cr.P.C. Crl.M.C.No.4384/08 2 3. The petitioners were granted anticipatory bail. They had appeared before the investigating officer and were enlarged on bail. There was no prayer to cancel the anticipatory bail granted on the ground of non-compliance so far. The learned Magistrate, I must assume, had advisedly issued only a summons and not a warrant to secure the presence of the petitioners. Following the decision in Sreekumar v. State of Kerala [2008(3) KLT 748] the petitioners are entitled to have their bail applications considered in the light of the above decision. No further directions deserve to be issued. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] and Sreekumar (Supra). 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4384/08 3 Crl.M.C.No.4384/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008