IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2909 of 2008() -------------------------------------- (CRIME NO.439/08 OF KASARAGOD POLICE STATION) PETITIONER: 2ND ACCUSED: -------------------------------------------- JACKI HANEEFA, S/O.ABDUL KADHAR, KADAVATH, TALAMKARA, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION. REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2909 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Sec.365 read with Sec.34 IPC. Crime has been registered. Investigation is in progress. The petitioner, instead of seeking anticipatory bail under Sec.438 Cr.P.C. and instead of surrendering before the Investigating Officer or the learned Magistrate having jurisdiction, has chosen to come to this Court with this Crl.M.C. under Sec.482 Cr.P.C. 2. The learned counsel for the petitioner submits that the petitioner is sure that, in all probability, he will be granted bail as there is no worthwhile allegations against him. But his only apprehension is that because of the pressure of work in the court below, his application for bail may not be taken up for Crl.M.C. No. 2909 of 2008 -: 2 :- consideration and he may be obliged to remain in custody for some length of time before his application for bail is taken up for consideration and appropriate orders passed. In these circumstances, the short prayer of the petitioner is that his application for bail may be considered on merits, in accordance with law and expeditiously. 3. I am afraid, there is no justification in the prayer for invocation of the powers under Sec.482 Cr.P.C. The petitioner has to surrender before the Investigating Officer or the learned Magistrate having jurisdiction. He can then apply for regular bail. If he files an application for regular bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate, needless to say, must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. 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 have no reason to assume that the learned Magistrate is not aware of the law or shall not comply with the directions in the said decision. 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Crl.M.C. No. 2909 of 2008 -: 3 :- 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. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/