IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4649 of 2008() ------------------------- CRIME NO.698/08 OF THE HOSODURG POLICE STATION PETITIONER(S): --------------- ASSAINAR, S/O. AMMANATH, AKBAR VILLA, BALLA BEACH, KANHAGADM KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4649 of 2008 ------------------------------------------------- Dated this the 2nd day of December, 2008 ORDER The petitioner as the 1st accused faces allegations in a crime registered alleging the offence punishable under Sec.498A IPC. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The petitioner prays that the crime registered against him may be quashed. What is the reason? The learned counsel for the petitioner submits that the allegations in the First Information Statement do not reveal an offence punishable under Sec.498A IPC. I have been taken through the averments in Annexure-I in detail. I shall not delve deeper into the acceptability of the allegations or the credibility of the assertions made. Suffice it to say that it cannot, by any stretch of imagination, be held that the Crl.M.C. No. 4649 of 2008 -: 2 :- extraordinary inherent jurisdiction under Sec.482 Cr.P.C. deserves to be invoked. 3. The learned counsel for the petitioner prays that directions may be issued to the Magistrate to consider the bail application expeditiously on merits. No direction of this Court is necessary. The petitioner, if he feels he is so entitled, can seek anticipatory bail. If he does not choose to resort to that course, he can surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. Sufficient general directions have been issued by this Court in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) impressing upon the subordinate magistracy the need to expeditiously consider and dispose of on merits the applications for bail filed by the persons who surrender before them. It is not necessary to issue any special or specific directions. I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). Every court must do the same. If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This Crl.M.C. is dismissed, but with the above specific Crl.M.C. No. 4649 of 2008 -: 3 :- observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4649 of 2008 -: 4 :-