IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4565 of 2008() ----------------------------- CRIME NO.167/2008 OF NEELESWARAM POLICE STATION PETITIONERS/ACCUSED 2,3 & 4: ----------------- 1. P.ANDUL KAREEM, S/O.E.K.ABDULLA, 61 YEARS, PO.PARAPPA, KASARAGOD 2. P.MAHEMOOD, S/O.E.K.ABDULLA 58 YEARS, SALLAS, THEKKEPPURAM MANIKKOTH PO., KANHANGAD 3. L.K.MUHAMMED KUNHI S/O.LATE MOIDEEN 41 YEARS T.B.ROAD, KANHANGAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NEELESWARAM POLICE STATION, KASARAGOD BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.4565 of 2008 ---------------------------------------- Dated this the 5th day of August 2008 O R D E R The petitioners face allegations in a crime registered under Section 420 read with 34 I.P.C. Petitioners came to this court earlier seeking anticipatory bail. That application for anticipatory bail was dismissed as not pressed. Later, the petitioners came to this court with Crl.M.C.No.2299/2008. The prayer was that the F.I.R may be quashed. This court did not think it proper to quash the F.I.R; but directed that the petitioners can surrender before the investigating officer or the learned Magistrate and seek regular bail. The petitioners have not so far surrendered before the learned Magistrate. They approached the Bench dealing with bail applications again and prayed that anticipatory bail may be granted to them. The learned Judge dealing with bail applications felt that the matter must be placed before this court to consider such bail application in the light of the earlier order passed in Crl.M.C.No.2299/2008. 2. The petitioners pray that anticipatory bail may be granted to them. I am not persuaded to agree that such anticipatory bail deserves to be granted. In the light of the directions already issued in Crl.M.C.No.2299/2008 which B.A.No.4565/08 2 directions have not been complied with by the petitioners so far, I am not satisfied that directions under Section 438 Cr.P.C can or need be issued in favour of the petitioners. I repeat that if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, the learned Magistrate must consider such application on merits, in accordance with law and expeditiously. I am not persuaded to agree that anticipatory bail deserves to be granted in this case now. 3. This bail application is accordingly dismissed. (R.BASANT, JUDGE) jsr B.A.No.4565/08 3 B.A.No.4565/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007