IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4647 of 2008() ------------------------- CRIME NO.425/08 OF VADAKKANCHERY POLICE STATION .................... PETITIONER/1ST ACCYSED (NOT IN CUSTODY)(S): --------------- RAJESH KUMAR, S/O.AYYAPPAN, AGED 30 YEARS, AYYAMKOTTIL HOUSE, P.O., KUMARNELLOOR, WADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA /S.I.OF POLICE, WADAKKANCHERY POLICE STATION WADAKKANCHERY, THRISSUR REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4647 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R The petitioner faces allegations in a crime registered inter alia under Section 308 read with 34 I.P.C. It is submitted that the co-accused having been granted regular bail, the petitioner went before the bail Bench of this court and sought anticipatory bail. That prayer was rejected. The petitioner has not challenged the said order. Instead, he has chosen to come before this court with the prayer that directions under Section 482 Cr.P.C may be issued. 2. What are the directions that the petitioner wants? The learned counsel for the petitioner prays that there may be a direction to the learned Magistrate to grant him bail. The said request cannot be accepted. The learned counsel for the petitioner then submits that there may be a direction to consider the application for bail on the date of surrender itself. The case is at the crime stage. The learned Magistrate will certainly have to hear the prosecution before the question of grant of regular bail is considered. I am not satisfied that any special or specific Crl.M.C.No.4647/08 2 directions need be issued in this case. The petitioner can surrender before the investigating officer or the learned Magistrate and seek regular bail after giving sufficient prior notice to the Prosecutor in charge of the case. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339] to ensure expeditious consideration of the application for bail to be filed by accused who surrender. Such application for bail must be considered on merits, in accordance with law and expeditiously. No further directions are necessary. 3. This petition is in these circumstances dismissed with the above observations. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4647/08 3 Crl.M.C.No.4647/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008