IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 5016 of 2008() ------------------------- CC.308/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA CRIME NO.94/05 OF THE KOTTARAKKARA POLICE STATION. .................... PETITIONER(S): 8TH ACCUSED -------------------------- BIJU KUMAR, S/O.GOPALAKRISHNA PILLAI, VADAKKEPERUVELIL VEEDU, ERATHUKULAKKADA MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 5016 of 2008 ------------------------------------------------- Dated this the 1st day of January, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.379 IPC. Final report was filed earlier in which the petitioner was not an accused. Later, further investigation was conducted under Sec.173(8) Cr.P.C. The petitioner has been brought on the array of accused on the basis of such further final report filed. Other accused were also brought on the array of accused on the basis of such further final report. The learned counsel for the petitioner submits that such further final report has already been filed and cognizance has been taken against the petitioners on the basis of such further final report. 2. Be that as it may, the present prayer of the petitioner is only that he may be permitted to surrender before the Crl.M.C. No. 5016 of 2008 -: 2 :- learned Magistrate and seek regular bail. According to the petitioner, he is absolutely innocent. He has been unnecessarily arrayed as an accused. He has been shown as an absconding accused. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. In these circumstances, it is prayed that appropriate directions may be issued to the learned Magistrate to consider his application for bail on merits, in accordance with law and expeditiously in the light of the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). The learned counsel for the petitioner further points out that some of the co- accused were already granted anticipatory bail by different Benches of this Court. 3. The petitioner has not sought anticipatory bail. It is for him now to appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. If the petitioner so surrenders and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, needless to say, the application for regular bail of the petitioner shall have to be considered by the learned Magistrate on merits, in accordance with law and expeditiously. No further, special or specific directions appear to be necessary. I have no Crl.M.C. No. 5016 of 2008 -: 3 :- reason to assume that the learned Magistrate is not aware of the directions in Alice George or shall not comply with the same. If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 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 petitioner. (R. BASANT, JUDGE) Nan/