IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4107 of 2008() ------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5158/2008 Dated 17/10/2008 OR NO.25/08 OF THE DEVIKULAM FOREST RANGE OFFICER, MUNNAR DIVISION .................... PETITIONER(S): --------------- 1. LALU, S/O.PRAPHAKARAN, 24 YEARS VARAKKIL VEEDU, RENDAMMILE, PALLIVASAL VILLAGE DEVIKULAM TALUK. 2. JAIN, S/O.KRISHNANKUTTY, SASTHAVILASAM VEEDU, RENDAMMILE, PALLIVASAL VILLAGE DEVIKULAM TALUK. 3. AJEESH, S/O.THOMAS, KUZHIKOTTAYIL VEEDU, MUKKUDIYIL DESOM, RAJAKKADU VILLAGBE UDUMBANCHOLA TALUK. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4107 of 2008 ------------------------------------------------- Dated this the 4th day of November, 2008 ORDER The petitioners face allegations in a crime registered alleging offences punishable under the Kerala Forest Act and the Wild Life Protection Act. Investigation is not complete. Final report has not been filed yet, submits the learned counsel for the petitioners. The petitioners had come to this Court earlier seeking anticipatory bail and the bail Bench of this Court had dismissed the said application for anticipatory bail. The petitioners have not challenged the order of anticipatory bail. They have not appeared before the learned Magistrate or the Investigating Officer. Instead, they have come to this Court again with this petition under Sec.482 Cr.P.C. They pray that there may be a direction to the learned Magistrate to consider their applications for regular bail on merits, in Crl.M.C. No. 4107 of 2008 -: 2 :- accordance with law and expeditiously. 2. Sufficient general directions have already been issued by this Court in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) obliging the Magistrates to consider the applications for bail of the persons who surrender before them on merits, in accordance with law and expeditiously, if such surrender is made after giving sufficient prior notice to the Prosecutor in charge of the case. I am not persuaded to agree that any special or specific directions deserve to be issued in this case. The petitioners must now surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course. 3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4107 of 2008 -: 3 :-