IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Crl.MC.No. 2985 of 2008 --------------------------------- (CRIME NO. 165/08 OF POTHANCODE POLICE STATION) .............. PETITIONER/ ACCUSED NO.3: ------------------------------------------- BADUSHA, KARUVILAKATHU VEEDU, ANDOORKONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SHANAVAS.S, ADV. SRI.SALIM V.S. RESPONDENTS/ COMPLAINANTS: ------------------------------------------------ 1. S.I. OF POLICE, POTHANCODE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2985 of 2008 ------------------------------------------------- Dated this the 7th day of August, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Sec.326 read with Sec.34 IPC. Investigation is not complete, it is submitted. The petitioner apprehends imminent arrest. 2. Instead of seeking anticipatory bail or surrendering before the Investigating Officer or the learned Magistrate having jurisdiction, the petitioner has come to this Court with this petition under Sec.482 Cr.P.C. According to the petitioner, he is willing to surrender before the Investigating Officer or the learned Magistrate and apply for 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. He therefore prays Crl.M.C. No. 2985 of 2008 -: 2 :- that directions under Sec.482 Cr.P.C. may be issued. 2. It is for the petitioner to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail. I have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks 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 and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2985 of 2008 -: 3 :-