IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 39 of 2009() ----------------------- CRIME NO.687/08 OF THE KASARAGOD POLICE STATION PETITIONER(S): ACCUSED ---------------------- SUBAIR, AGED 19 YEARS, S/O. MUHAMMED, RESIDING AT PADDY HOUSE, ANGADIMUGAR, PUTHIGAI, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P .P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 39 of 2009 ------------------------------------------------- Dated this the 5th day of January, 2009 ORDER The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.468 and 417 IPC. The petitioner was not shown as an accused in the FIR. In the course of investigation, the petitioner has been arrayed as an accused. The petitioner had sought anticipatory bail. That prayer for anticipatory bail stands rejected, it is submitted at the Bar. The petitioner has not challenged that order. He has not surrendered before the Investigating Officer or the learned Magistrate so far. He has instead come to this Court seeking directions under Sec.482 Cr.P.C. 2. According to the petitioner, he is absolutely innocent. What is the nature of direction the petitioner expects under Crl.M.C. No. 39 of 2009 -: 2 :- Sec.482 Cr.P.C.? The petitioner prays that he may be directed to be released on bail when he surrenders and seeks regular bail. 3. The matter is at the crime stage. It is for the petitioner to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. If he so surrenders and seeks regular bail, needless to say, the learned Magistrate has to consider the application for regular bail on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) to ensure expeditious consideration of such application for bail. I am not satisfied that any further, special or specific direction deserves to be issued. I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/grievance are available to the petitioner. 3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 39 of 2009 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously in the light of the dictum referred above. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge