IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4646 of 2008() ------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6910/2007 Dated 14/11/2007 .................... PETITIONER(S): --------------- 1. BRIJESH NAIR @ BIJU, AGED 31 YEARS, S/O. GANGADHARAN PILLAI, BLAVATH VADAKKATHIL (KRISHNA BHAVAN) CHAVARA BRIDGE P.O., KOLLAM DISTICT. 2. GANGADHARAN PILLAI, BLAVATH VADAKKATHIL (KRISHNA BHAVAN) CHAVARA BRIDGE P.O. KOLLAM DISTICT 3. SANKRI AMMA, W/O. GANGADHARAN PILLAI, BLAVATHVADAKKATHIL (KRISHNA BHAVAN) CHAVARA BRIDGE P.O KOLLAM DISTICT BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4646 of 2008 ---------------------------------------- Dated this the 17th day of December 2008 O R D E R The learned Public Prosecutor submits that the alleged victim/wife of the first petitioner has filed a complaint before the learned Magistrate which has been referred to the police under Section 156(3) Cr.P.C. In these circumstances, the police is bound to register a crime under Section 156(3) Cr.P.C and conduct a proper investigation in the matter. Crime has not been registered so far in view of the order dated 14/11/2007 in B.A.No.6910/2007, submits the learned Public Prosecutor. 2. In the light of the subsequent reference under Section 156(3) Cr.P.C, the crime has of course got to be registered by the police. Investigation will have to be conducted. The learned Public Prosecutor undertakes that the petitioner shall not be arrested for a period of 15 days from this date. In the meantime, the petitioner can either surrender before the the investigating officer or the learned Magistrate and seek regular bail. In the alternative, he can seek anticipatory bail in the new crime that is registered. 2. With the above observations, this Crl.M.C is allowed in part. 3. Hand over copy of this order to the learned counsel for the petitioner and the learned Public Prosecutor. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008