IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4691 of 2008() -------------------------------------- (CRIME NO.513/2007 OF KASARAGOD POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ A.B.MOHAMMED IQBAL, S/O.A.B.KUNHAMU, A.B.K.HOUSE, POVVAL, MULLIYAR, AMMANKODU, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE KASARAGOD POLICE STATION, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4691 of 2008 ------------------------------------------------- Dated this the 4th day of December, 2008 ORDER The petitioner faces allegation as the 3rd accused in a crime registered alleging offences punishable, inter alia, under Sec.307 read with Sec.149 IPC. Investigation is complete. Final report has not been filed. The petitioner has not been arrested so far. He has not sought anticipatory bail. The petitioner apprehends imminent arrest. The petitioner has come to this Court seeking directions under Sec.482 Cr.P.C. 2. What is the direction that he seeks? The learned counsel for the petitioner submits that there may be a direction to release the petitioner on bail when he surrenders before the Investigating Officer or the learned Magistrate having jurisdiction. The offence is one which is non-bailable and is Crl.M.C. No. 4691 of 2008 -: 2 :- triable exclusively by a Court of Session. If the petitioner feels that he is entitled for anticipatory bail, he should have moved the appropriate court seeking anticipatory bail. In the alternative, his option is to surrender before the Investigating Officer or learned Magistrate. I have no reason to assume that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and thereafter applies for bail, his application for regular bail will not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 3. It is for the petitioner to surrender before the Investigating Officer or learned Magistrate having jurisdiction and thereafter apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case. The learned Magistrate must consider the application for bail on merits, in accordance Crl.M.C. No. 4691 of 2008 -: 3 :- with law and expeditiously after hearing the objections, if any, of the Prosecutor. 4. With the above observations, this Crl.M.C. is dismissed. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4691 of 2008 -: 4 :-