IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4540 of 2008() ------------------------- Cr.No.853/08 OF KASARAGOD POLICE STATION PETITIONER(S): ACCUSED --------------- 1. ABDUL LATHEE, S/O.MUHAMMED, PERMUDE HOUSE.P.O PERMUDE HOUSE, P.O.MUDE, KASARAGOD. 2. JARMAN SHERIEF, S/O.MOIDU, PATHIRI, ADULAKOM HOUSE, P.O.THEKKIL, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): DEFACTO COMPLAINANT --------------- 1. S.I. OF POLICE, KASARAGOD. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4540 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2008 O R D E R The petitioners face allegations as accused 3 and 4 in a prosecution under the Kerala Abkari Act. The crime has been registered on 16.11.2008. Investigation is in progress. The petitioners have not been arrested yet. They apprehend imminent arrest. They pray that appropriate direction may be issued under Section 482 Cr.P.C. 2. The petitioners are persons facing arrest in a serious crime – one punishable under Section 55(a) of the Kerala Abkari Act. According to the petitioners, the allegations against them are unfounded. They do not deserve to be arrested. It is for the petitioners to move the appropriate court and seek anticipatory bail if they are so advised. In the alternative they have the option of surrendering before the Investigating Officer or the learned Magistrate. They can then seek regular bail. The learned counsel for the petitioners submits that the petitioners are opting for the latter course. Crl.M.C.No. 4540 of 2008 2 3. The petitioners can surrender before the Investigating Officer or the learned Magistrate. Thereafter they can apply for regular bail after giving sufficient prior notice to the Prosecutor in charge of the case. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). I am not persuaded to agree that any special or specific directions need be issued in favour of the petitioners. 4. This Crl.M.C. is dismissed with the above observations. 5. Hand over the order. (R. BASANT) Judge tm