IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4232 of 2008() -------------------------------------- (CRIME NO.378 OF 2008 OF MALA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SUNIL KUMAR, S/O.SUGATHAN, ARUKATT HOUSE, PALLIPURAM, KODUNGALLUR TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE S.I. OF POLICE, MALA. 2. SINDHU, D/O. NARAYANAN, THEKKEDATH HOUSE, VALIYAPARAMBU, MALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4232 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner faces allegations in a crime registered under Sec.498A IPC. Investigation is in progress. The petitioner – the husband of the de facto complainant, apprehends imminent arrest. 2. The petitioner had moved for anticipatory bail; but that application was not pressed. He has now come before this Court for issue of directions under Sec.482 Cr.P.C. What is the direction that is required? The learned counsel for the petitioner submits that the petitioner is now willing to surrender before the Investigating Officer or the learned Magistrate; but apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is hence prayed that Crl.M.C. No.4232 of 2008 -: 2 :- directions may be issued under Sec.482 Cr.P.C. to the learned Magistrate to consider the application for bail on merits, in accordance with law and expeditiously – on the date of surrender itself in the light of the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 3. The petitioner is seeking bail not after the filing of the final report; but at the stage of investigation. But I do note that the matrimony is still subsisting. The learned counsel for the petitioner submits that active efforts are afoot to settle the dispute. I need only mention that it shall be open to the petitioner to appear before the Investigating Officer or the learned Magistrate and seek regular bail. Needless to say, such application for regular bail, if filed, after giving sufficient prior notice to the Prosecutor in charge of the case, must be disposed of on merits, in accordance with law and expeditiously by the learned Magistrate. No further or more specific directions appear to be necessary. 4. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.4232 of 2008 -: 3 :-