IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 183 of 2009() ------------------------ CRIME NO.778/08 OF KASARAGOD POLICE STATION PETITIONER(S): ACCUSED --------------- 1. ABDUL RAHIMAN @ ABDU, AGED 29 YEARS, S/O.K.A.ABBAS, R/AT PUTHIYAKOPA, MUTTATHODY, HIDAYATH NAGER, KASARAGOD DIST. 2. MUHAMMED KABEER, AGED 29 YEARS, S/O.MOHAMME SHAJI R/AT ZAKKEER MANZIL, CHETTUMKUZHI, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.183 of 2009 ---------------------------------------- Dated this the 14th day of January 2009 O R D E R Petitioners face allegations in a crime registered alleging the offence punishable under Section 332 read with 34 I.P.C. The crime was registered on 29/10/2008. In the F.I.R, no accused person has been named. Two persons identifiable by sight are described to be accused in the F.I.R. In the course of investigation, reports have been filed to array the petitioners as accused. Investigation is in progress. The petitioners apprehend imminent arrest. 2. Though several contentions are seen raised in the Crl.M.C, the learned counsel for the petitioner only prays that the petitioners may be permitted to surrender before the investigating officer or the learned Magistrate and then seek regular bail. There may be a direction to release them on bail when they so surrender before the learned Magistrate. 3. The case is at the stage of investigation. The petitioners have been arrayed as accused. They apprehend arrest. The petitioners had earlier filed an application for anticipatory bail before this court and the same has been dismissed by the concerned Bench, it is submitted. They have not challenged the Crl.M.C.No. 183/09 2 order. They have not renewed the prayer for anticipatory bail. They have not so far surrendered before the investigating officer or the learned Magistrate. It is for the petitioners now to surrender before the investigating officer or the learned Magistrate and then seek regular bail. Needless to say, their application for regular bail will have to be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 4. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 5. In the result, this petition is dismissed subject to the above specific observations. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) Crl.M.C.No. 183/09 3 jsr Crl.M.C.No. 183/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008