IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 56 of 2009 ------------------------------ (CRIME NO. 535/2008 OF EDACHERRY POLICE STATION) .......... PETITIONERS: --------------------- 1. SHAJI, S/O.BALAN, AGED 36 YEARS, VARERIKUNIYIL VEEDU,P.O.AZHIYOOR,VADAKARA TALUK. 2. SARADHA, W/O.BALAN, AGED 60 YEARS, VARERIKUNIYIL VEEDU,P.O.AZHIYOOR,VADAKARA TALUK. 3. PRASEETHA, D/O. BALAN, AGED 28 YEARS, VARERIKUNIYIL VEEDU,P.O.AZHIYOOR,VADAKARA TALUK. 4. SAJEEVAN, S/O.BALAN, AGED 33 YEARS, VARERIKUNIYIL VEEDU,P.O.AZHIYOOR,VADAKARA TALUK. BY ADV. SRI.P.M.HABEEB. RESPONDENTS: ----------------------- 1. ANITHA, D/O.KRISHNAN, AGED 34 YEARS, MUNDATHADATHIL THAZHEKOONIYIL, KARIYADU P.O, THALASSERRY TALUK, KANNUR DISTRICT. 2. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, EDACHERRY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 56 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2009 ORDER The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.498A. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156(3) Cr.P.C. Crime has been registered. Investigation is in progress. 2. The petitioners have not sought anticipatory bail. They have not appeared before the learned Magistrate or the Investigating Officer. They have come before this Court seeking directions under Sec.482 Cr.P.C. 3. What is the nature of directions that the petitioners seek under Sec.482 Cr.P.C.? The learned counsel for the petitioners submits that the petitioners shall be satisfied if Crl.M.C. No. 56 of 2009 -: 2 :- there is a direction to consider the bail applications of the petitioners on merits, in accordance with law and expeditiously – on the date of surrender itself. In the facts and circumstances of this case, I am not persuaded to agree that any specific directions need be issued. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). I have no reason to assume that the petitioners' applications for bail shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The matter is at the crime stage and the petitioners must appear before the Investigating Officer or the learned Magistrate having jurisdiction. If such applications are filed, 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. 4. With the above observations, this Crl.M.C. is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 56 of 2009 -: 3 :- (R. BASANT, JUDGE) Nan/