IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2854 of 2008() -------------------------------------- (CRIME NO.172/2008 OF KUMILI POLICE STATION) PETITIONER: 1ST ACCUSED: --------------------------------------------- RADEESH, AGED 27 YEARS, S/O. PEETHAMBARAN, PULICKAPARA HOUSE, MURIKADY P.O., KUMILI VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT:COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2854 of 2008 ------------------------------------------------- Dated this the 29th day of July, 2008 ORDER The petitioner faces allegations as the 1st accused in a crime registered initially under Secs.294(b) and 324 read with Sec.34 IPC. Altogether, there are two accused persons. The alleged incident took place on 11/5/08. The petitioner has not been enlarged on bail. The co-accused has already been enlarged on bail. In the course of investigation, the allegation under Sec.326 IPC has been included. The petitioner apprehends imminent arrest by the Investigating Officer. 2. Instead of surrendering before the Investigating Officer or the learned Magistrate and instead of applying for anticipatory bail, the petitioner has come to this Court with a prayer that directions may be issued under Sec.482 Cr.P.C. 3. It is for the petitioner, if he chooses not to file an Crl.M.C. No. 2854 of 2008 -: 2 :- application for anticipatory bail before the appropriate court, to appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. If such an application is filed claiming bail, needless to say, the learned Magistrate must consider such application for bail on merits and in accordance with law. I am not persuaded to agree that any specific or special directions need be issued. 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). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned 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 such application for bail on merits and expeditiously. (R. BASANT, JUDGE) Nan/