IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3808 of 2008() ---------------------------------------- (CRIME NO.361/2008 OF MUKKOM POLICE STATION) PETITIONERS: ACCUSED: ----------------------------------------- 1. ABDUL ALI.K, S/O. MUHAMMED, MADATHIL HOUSE, KEEZHUPARAMBA.P.O KUNIYIL HOUSE, MALAPPURAM. 2. SARARULLA.E., S/O.K.E. MUHAMMED, ERUMANKADAVATH HOUSE, KUNIYIL, KEEZHUPARAMBA.P.O, AREEKODE, MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: DEFACT COMPLAINANT/STATE: --------------------------------------------------------------------------- 1. FAIZAL MON, S/O. MUHAMMED, CHATHUKKODI HOUSE, KUMARANELLUR VILLAGE, MUKKOM. 2. SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION. 3. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3808 OF 2008 ----------------------------------------------- Dated this the 14th day of October, 2008 O R D E R Petitioners have been arrayed as accused in a crime registered alleging offences punishable inter alia under Section 308 IPC. The defacto complainant/injured is a Police Constable. The petitioners allege that the real incident did not take place in the manner alleged by the informant at all. Making use of the influence which the defacto complainant has as a Police Constable he is exaggerating the incident and the police are willfully obliging by registering a crime alleging offences punishable inter alia under Section 308 IPC. The inclusion of the offence under Section 308 IPC is totally unjustified, submits the learned counsel for the petitioner. It is further submitted that the petitioner has already moved another bench of this Court for anticipatory bail. But the said prayer has been rejected. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But the petitioner prays that a direction may be issued under Section 482 Cr.P.C to delete Section 308 IPC which has been unjustifiably included in the FIR. 2. It will be premature and too early for this Court to Crl.M.C. No. 3808 OF 2008 -:2:- express any opinion about the justifiability of that allegation at this early stage and to invoke the powers under Section 482 Cr.P.C to interfere with the Sections of offences noted in the FIR. 2. But having considered all the relevant inputs, I do certainly find merit in the contention of the learned counsel for the petitioner that the learned Magistrate must be directed to consider the application for regular bail to be filed by the petitioner on merits, in accordance with law and expeditiously-on the date of surrender itself, if such surrender is made after giving sufficient prior notice to the Prosecutor in charge of the case. In the result, this Crl. M.C is dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and seek regular bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must follow the directions in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339] and proceed to dispose of the regular bail application on merits, in accordance with law and expeditiously-on the date of surrender itself. R. BASANT, JUDGE ttb Crl.M.C. No. 3808 OF 2008 -:3:- Crl.M.C. No. 3808 OF 2008 -:4:-