IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3083 of 2008() ------------------------- CRIME NO.211/08 OF THE UPPUTHARA POLICE STATION. PETITIONER: ------------ 1. V.V.VINOD KUMAR, S/O. VISHWANATHAN, VATTAMALA VEEDU, CHAPPATH P.O. 2. PRASANNAN M.N., S/O.NARAYANAN, MANGOOTTATHIL, AYYAPPAN KOVIL P.O., ANAKUZHY. 3. K.A.SHAJI @ KOTTAR SHAJI, S/O.ACHUTHAN, KANNIYILETH, AYYAPPAN KOVIL P.O., MATTUKKATTA. 4. MANIKUTTAN.P.G., S/O.GANGADHARAN, KIZHAKKEKKARA PUTHAN PURAKKAL, AYYAPPAN KOVIL P.O., MATTUKKATTA. 5. O.S.BINU @ UNAKKAPPARA BINU, S/O.SHEKHARAN, UNAKKAPARAYIL, AYYAPPAN KOVIL.P.O. AYYAPPAN KOVIL. 6. M.N.MOHANAN, S/O.NARAYANAN, MANGOOTTATHIL, , AYYAPPAN KOVIL.P.O. THONOTTHADI. BY ADV. SRI.BABU PAUL RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, UPPUTHARA POLICE STATION, KATTAPPANA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3083 of 2008 ------------------------------------------------- Dated this the 14th day of August, 2008 ORDER The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.3 of the PDPP Act. According to the petitioners, they are absolutely innocent. They are willing to co-operate with the Investigators. They are also willing to surrender before the Investigating Officer or the learned Magistrate having jurisdiction. But they apprehend that if they surrender before the learned Magistrate, their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They hence pray that appropriate directions may be issued. 2. The petitioners must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then Crl.M.C. No. 3083 of 2008 -: 2 :- seek regular bail. Appropriate directions to ensure that their applications for regular bail shall be considered expeditiously can be issued. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 3. In the result, this Crl.M.C. is dismissed. But I may hasten to observe that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3083 of 2008 -: 3 :-