IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 195 of 2009() ------------------------------------- (CRIME NO.213/08 OF KASARAGOD POLICE STATION) PETITIONER(S): ACCUSED NO.4: ------------------------------------------------- PADMANABHA,AGED 32 YRS,S/O PUTTA, SOORLU HOUSE,RESIDING AT SOORLU,RAMDAS NAGAR, KASARAGOD TALUK AND DIST. BY ADV. SRI.K.SHRIHARI RAO SMT. N.SHOBHA RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.195 of 2009 ---------------------------------------- Dated this the 15th day of January 2009 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 153A and 308 read with 149 I.P.C. The alleged incident took place on 19/3/2008. Investigation is in progress. The petitioner has not been arrested yet. He has not sought anticipatory bail from any court. According to the petitioner, he is absolutely innocent. He is willing to appear before the investigating officer or the learned Magistrate and seek regular bail; but he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He prays that appropriate directions may be issued. 2. The offences alleged are serious offences. Investigation is pending. The petitioner has not thought it necessary or fit to seek anticipatory bail so far. He must then surrender before the investigating officer or the learned Magistrate and seek regular bail. Sufficient general directions Crl.M.C.No. 195/09 2 have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 3. In the result, this petition is dismissed subject to the above specific observations. 4. Hand over copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No. 195/09 3 Crl.M.C.No. 195/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008