High Court Kerala High Court

Suresh vs State Of Kerala on 12 December, 2008

Kerala High Court
Suresh vs State Of Kerala on 12 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4836 of 2008()


1. SURESH, S/O.GOPALAN, SUMA SADANAM,
                      ...  Petitioner
2. LAL, S/O.ANIRUDHAN, MOTTAVILA VEEDU,
3. SAJEEV, S/O.SURENDRAN, SAJEEV VILASOM,
4. RAJESH, S/O.SELVARAJAN, RAJESH BHAVANAM,

                        Vs


1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/12/2008

 O R D E R
                             R.BASANT, J
                      ------------------------------------
                    Crl.M.C. No.4836 of 2008
                     -------------------------------------
            Dated this the 12th day of December, 2008

                                  ORDER

Petitioners face allegations in a crime registered alleging

offences punishable, inter alia, under Section 326 r/w 149 I.P.C.

Investigation is in progress. Altogether there are 49 accused

persons, it is submitted. The petitioners went before the bail

Bench of this Court seeking anticipatory bail. That application

was dismissed. The petitioners had not appeared before the

Investigating Officer or the learned Magistrate as directed in the

order passed in the anticipatory bail application. The petitioners

have instead chosen to come to this Court again with this

petition.

2. What is the prayer ? What is the nature of the

directions that are sought under Section 482 Cr.P.C ? The

learned counsel for the petitioners submits that there is a

counter case also. The petitioners only want their bail

application to be considered on merits, in accordance with law

and expeditiously. The learned Magistrate may be directed to

take into account all the necessary circumstances and pass

appropriate orders in the application for regular bail to be filed

by the petitioners.

Crl.M.C. No.4836 of 2008 2

3. I find absolutely no merit in the prayer. Every court is

expected to consider applications for bail filed by the accused,

who surrender before the courts, on merits, in accordance with

law and expeditiously. Such application will have to be

considered by the learned Magistrate under Section 437 Cr.P.C

after adverting to all relevant circumstances. No specific or

special directions appear to be necessary. Sufficient general

directions have already been issued in Alice George v. The

Deputy Superintendent of Police [2003(1) KLT 339]. I have

no reason to assume that the learned Magistrate would not pass

an appropriate order on merits, in accordance with law and

expeditiously.

4. This Crl.M.C is, in these circumstances, dismissed, but

with the above observations.

5. Hand over a copy of this order to the learned counsel

for the petitioner.

(R.BASANT, JUDGE)
rtr/-