IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 554 of 2009() --------------------------------- CRIME NO.367/2008 OF CHANDERA POLICE STATION ........... PETITIONER(S): ACCUSED NO. 2 TO 4 ------------------------ 1. JAYESH T.., AGED 23 YEARS, S/O. CHERIAKKAN, THALICHALAM, P.O. ELAMBACHI, KASARAGOD. 2. SREEJITH K., AGED 25 YEARS, S/O. P.DAMODHARAN, KAIVELIKKAL, THALICHALAM P.O. ELAMBACHI, KASARAGOD. 3. SHOBITH K., AGED 17 YEARS, S/O. RAGHAVAN K., KAROLAM P.O., ELAMBACHI, KASARAGOD. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.554 of 2009 ---------------------------------------- Dated this the 5th day of February 2009 O R D E R Petitioners are accused 2 and 4 and they, along with some others, face allegations in a crime registered alleging the offences punishable inter alia under Sections 452 and 506(ii) read with 149 I.P.C. Those are the non-bailable offences alleged against the petitioners. Investigation is in progress. Final report has not been filed. The petitioners have not been arrested by the police so far. They apprehend imminent arrest. They have come to this court with this application under Section 482 Cr.P.C now seeking directions. 3. What is the nature of the directions that the petitioners want this court to issue? The learned counsel for the petitioners prays that there may be a direction that the application for bail to be filed by the petitioners may be considered by the learned Magistrate on merits, in accordance with law and expeditiously and bail may be granted to the petitioners. 4. The matter is at the stage of investigation. If the petitioners think that they are entitled for anticipatory bail, they Crl.M.C.No.554/09 2 must make necessary application under Section 438 Cr.P.C. It is submitted that the application for anticipatory bail has already been dismissed. The petitioners, if they have chosen not to challenge the order dismissing anticipatory bail, must now surrender before the investigating officer or the learned Magistrate and then seek regular bail. 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 applications for anticipatory bail of accused persons who surrender. I am not satisfied that, in the facts and circumstances of this case, any better, further or more specific directions need be issued. I have no reason to assume that such directions issued in Alice George (Supra) shall not be followed by the learned Magistrate. If the directions are not complied with the avenues of challenge/complaint are available for the petitioners. 4. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.554/09 3 Crl.M.C.No.554/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008