IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4616 of 2008() -------------------------------------- (CRIME NO.604/08 OF KOTTAYAM WEST POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. K.M.SIDHEEQUE, S/O.ABDUL KAREEM, MANIPARAMBIL, VELOOR P.O., KOTTAYAM. 2. AFSEL, S/O.ABDUL KHADER, PUTHENPARAMBIL HOUSE, THAZHATHANGADI P.O., KOTTAYAM. BY ADV. SRI.SALIM V.S. RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB – R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4616 of 2008 ------------------------------------- Dated this the 28th day of November, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. Admittedly the petitioners have moved the Sessions Court and the Bail Bench of this Court for grant of anticipatory bail. They have been unsuccessful. Their applications have been dismissed. Undaunted, the petitioners have again come before this Court with this petition under Section 482 Cr.P.C for issue of directions. 3. What are the directions sought ? The counsel prays that there may be a direction to the learned Magistrate to consider the petitioners' application for bail if and when they surrender before the Investigating Officer or the learned Magistrate and then apply for bail. 4. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police Crl.M.C. No.4616 of 2008 2 [2003(1) KLT 339]. I am not satisfied that it is necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dictum in Alice George v. The Deputy Superintendent of Police . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-