IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 27388 of 2008(I) -------------------------- PETITIONER(S): ------------------------ K.SHAJI, THACHANTHARIKATHU VEEDU, IVERKALA, NADUVIL, PUTHEMBALAM P.O. KOLLAM DISTRICT. BY ADV. SRI. M.TRIPTEN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DR.BEENA, SHAM NIVAS, HOUSE NO.880, THEVALLY WARD, KOLLAM WEST VILLAGE, KOLLAM. BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT, J. ----------------------------------------------- W.P.(C) No. 27388 OF 2008 ----------------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Sections 408 and 468 IPC. The crux of the allegations is that the petitioner, while employed as Health Inspector in Primary Health Center, had committed offences of criminal breach of trust, misappropriation and falsification of documents. Crime has been registered. Investigation is in progress. 2. Though various contentions are raised in the writ petition, at the stage of final hearing, the learned counsel for the petitioner submits that the petitioner has already been reinstated in service and at that juncture the petitioner only prays for issue of directions under Section 482 Cr.P.C to the Magistrate concerned, to consider the petitioner's application for regular bail to be filed by him after his surrender before the learned Magistrate on merits, in accordance with law and expeditiously in the light of the decision in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. 3. Petitioner had applied for anticipatory bail before this W.P.(C). No. 27388 OF 2008 -:2:- Court twice. But anticipatory bail was not granted. It is seen that as per order in BA No.1717/08 dated 25.03.08 - which direction has been taken note of by the Bench which subsequently disposed of BA No.3557/08 vide order dated 03.06.08 that if the petitioner surrenders before the investigating officer or the learned Magistrate and seeks 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. I am not persuaded to agree that any further or better directions need be issued. This petition, in these circumstances, is dismissed. R. BASANT, JUDGE ttb W.P.(C). No. 27388 OF 2008 -:3:- W.P.(C). No. 27388 OF 2008 -:4:-