IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4975 of 2008() ------------------------- CR.NO. 264/2007 OF MANJESHWAR POLICE STATION PETITIONER/A5: --------------- ABDUL JABBAR, S/O. IBRAHIM AGED 34 YEARS, DHARMA NAGAR KODLA MOGARU, VORKADY VILLAGE KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: -------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE,. REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4975 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable under the Kerala Abkari Act. The petitioner has not been arrested in the course of investigation. The petitioner has not sought anticipatory bail. He has not surrendered before the Investigating Officer or the learned Magistrate so far. At this juncture, the petitioner has come to this Court with this petition seeking invocation of the jurisdiction under Section 482 Cr.P.C. 2. What is the nature of direction that the petitioner seeks under Section 482 Cr.P.C.? The counsel for the petitioner submits that there may be a direction that the application for bail to be filed by the petitioner after his surrender before the learned Magistrate or the Investigating Officer must be considered and disposed of on merits, in accordance with law and expeditiously by the learned Magistrate. 3. The matter is pending at the stage of investigation. The Crl.M.C.No. 4975 of 2008 2 petitioner has not sought anticipatory bail. It is for the petitioner now to appear before the Investigating Officer or the learned Magistrate and seek regular bail. Sufficient general directions have already been issued in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) to ensure expeditious consideration of applications for bail of accused persons, who surrender before courts. 2. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decision referred above. 4. This application is dismissed, but with the observation that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. 5. Hand over the order. (R. BASANT) tm Judge Crl.M.C.No. 4975 of 2008 3