IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 487 of 2009() ------------------------ CRIME NO.726/08 OF THE SASTHAMCOTTA POLICE STATION PETITIONER(S): ACCUSED ---------------------- THAMPI PILLAI, AGED 47 YEARS, S/O.VELUKUTTY PILLAI, THIRUVATHIRA, MANAKKARA MURI,SASTHAMCOTTA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED, THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 487 of 2009 ------------------------------------------------- Dated this the 2nd day of February, 2009 ORDER The petitioner faces allegations in a crime wherein allegations are raised against the petitioner under Sec.302 IPC. The matter is being investigated. The petitioner has admittedly gone before the Bench dealing with bail applications and the learned Judge has already dismissed the application for anticipatory bail. The petitioner has not chosen to challenge the said order rejecting the prayer for anticipatory bail. Instead, he has chosen to come to this Court to seek directions under Sec.482 Cr.P.C. 2. What is the direction that the petitioner seeks from this Court? It is prayed that there may be a direction to consider the application for bail on the date of surrender itself. 3. The allegations are serious. The offence under Crl.M.C. No. 487 of 2009 -: 2 :- Sec.302 IPC is alleged against the petitioner. The petitioner's attempt to secure anticipatory bail has failed. The petitioner now must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. I have no reason to assume that the learned Magistrate will not consider the application for bail on merits and in accordance with law and with the expected expedition. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). I am not persuaded to agree that the petitioner who has failed in his attempt to secure anticipatory bail deserves to be issued any further direction under Sec.482 Cr.P.C. in his favour. 4. This Crl.M.C. is, in these circumstances, dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 487 of 2009 -: 3 :-