IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Crl.MC.No. 2490 of 2008() ------------------------- CRIME NO.429/08 OF THRIKKAKARA POLICE STATION PETITIONER: ACCUSED ------------------- BEERU, AGED 37 YEARS, S/O.MOHAMMED, PALLIPPURATH HOUSE, (P.O) KARA, KODUNGALLUR. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2490 of 2008 ------------------------------------------------- Dated this the 3rd day of July, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable under Sec.468 of the IPC. He is a Government servant. He has not been arrested so far. Apprehending arrest, he filed an application for anticipatory bail. That application has already been dismissed by another Bench of this Court. The petitioner has now come to this Court with this petition. He submits that he is willing to surrender before the learned Magistrate. He prays that there may be a direction that his application for regular bail may be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Directions under Sec.482 of the Cr.P.C. may be issued, it is prayed. 2. It is for the petitioner to appear before the learned Crl.M.C. No. 2490 of 2008 -: 2 :- Magistrate and explain to the learned Magistrate the circumstances which entitle him to the grant of bail by the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. 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). 3. 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 merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge