IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4273 of 2008() ------------------------- CRIME NO. 741/08 OF KASARGODE POLICE STATION PETITIONERS/ACCUSED: --------------------------------- 1. DAMODARAN, AGED 58 YEARS, S/O. ANNU R/AT PARAKILA HOUSE, NEAR PARAKILA TEMPLE MADHUR VILLAGE, KASARGOD. 2. SASIKALA D., AGED 35 YEARS W/O. SUKUMARAN, DO. DO. 3. PRAMEELA D., W/O. G.V. KRISHNAN R/AT NEAR PADY BHAGAVATHI TEMPLE PADDY VILLAGE, KASARGOD. 4. G.V. KRISHNAN, AGED 40 YEARS, S/O. KOTTAN BALACHANDRAN, R/AT NEAR DO. DO. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, THROUGH STATION HOUSE OFFICER KASARGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. PREMA SHALINI, AGED 28 YEARS W/O. NAGESH, R/AT PREM NIVAS BEHIND CPI (M) DISTRICT COMMITTEE OFFICE VIDYANAGAR, KASARGOD. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4273 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R The petitioners face allegations in a crime registered for the offence punishable under Section 498A I.P.C. That crime was registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under section 156(3) Cr.P.C. Investigation is in progress. The petitioners applied for anticipatory bail before the Bail Bench of this Court. That application has been dismissed. The petitioners have not challenged the said order. They have now come before this Court with an application under Section 482 Cr.P.C. for issue of appropriate direction in their favour. 2. Though there is a prayer for quashing of the complaint, in the course of arguments before me the only prayer that is pressed is that the petitioners may be given an opportunity to surrender before the Investigating Officer or the learned Magistrate. No permission of this Court is required for an accused person facing allegations in an F.I.R. to surrender before Crl.M.C.No. 4273 of 2008 2 the Investigating Officer or the learned Magistrate. The petitioners' counsel submits that the petitioners apprehend that their application for regular bail may not be considered by the Magistrate expeditiously. It is for these that directions are sought. 3. Every court is bound to consider the application for bail submitted by persons, who surrender before them on merits, in accordance with law and expeditiously. 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). I am not persuaded to agree that any special or specific direction deserves to be issued. Needless to say, the directions in Alice George (supra) has got to be complied with and if there is no expeditious disposal of the application for regular bail on merits, the avenues of challenge/complaint shall be available for the petitioners. 4. This application is accordingly dismissed, but with the above specific observations. 5. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4273 of 2008 3