IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 3258 of 2008() ------------------------- CR.NO. 384/08 OF PAVARATTY POLICE STATION PETITIONER/A1 - 3: ---------------------------- 1. M/S. AISWARYA FINANCIERS, VENKIDANGU CHAVAKKAD, REP. BY ITS MANAGING DIRECTOR V.K. BRAHMADAS. 2. V.K. BRAHMADAS, S/O. KARUPPAN, VENKIDANGU, CHAVAKKAD. 3. V.K. SIVADAS, DO. DO. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.G. BABU, S/O. GOVINDAN, KURUMBOOR HOUSE, ORUMANAYOOR CHAVAKKAD. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3258 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable under Sections 406 and 420 I.P.C. The said crime, Crime No. 384 of 2008 has been registered at Pavaratty police station on the basis of a private complaint filed before the FJMC, Chavakkad and forwarded to the police by the learned Magistrate under Section 156(3) Cr.P.C. According to the petitioners, similar allegations were raised earlier obliging the petitioners to come before this court with WPC No. 24867 of 2007 alleging unnecessary harassment by the police. That writ petition was disposed of by judgment dt.22.10.2007 accepting the submission of the Prosecutor that the police was only verifying some allegations raised against the petitioners. At that stage no crime was registered. Long later, the present complaint has been filed. The same has been referred under Section 156(3) Cr.P.C. and a crime has been registered. Crl.M.C.No. 3258 of 2008 2 2. The learned counsel for the petitioners submits that the petitioners are willing to co-operate with the investigators, but appropriate direction may be issued under Section 482 Cr.P.C. to ensure that the petitioners are not vexed and harassed with such complaints. 3. What is the specific nature of directions that are sought under Section 482 Cr.P.C.? The learned counsel for the petitioners only submits that the petitioners may be permitted to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail. The learned Magistrate may be directed to consider such application for regular bail and dispose of the same on merits, in accordance with law and expeditiously. 4. I do not think any direction under Section 482 Cr.P.C. deserves to be issued in the matter. 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) about expeditious disposal of application for bail filed by a person surrendering before the learned Magistrate. No special or specific directions appear to be necessary. Crl.M.C.No. 3258 of 2008 3 5. The petitioners can either seek anticipatory bail or surrender before the Investigating Officer or the learned Magistrate and then seek regular bail. Such application for regular bail, if filed by the petitioners, needless to say, must be considered on merits, in accordance with law and expeditiously in the light of the observations/directions in Alice George (supra). 6. This Crl.M.C. is dismissed with the above observations. (R. BASANT) Judge tm