IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4237 of 2008()
1. JAISON JOSEPH, AGED 37 YEARS,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER, RAJAPURAM
... Respondent
2. ANEES THOMAS, W/O.THOMAS, PERUKAROTT
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 4237 of 2008
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Dated this the 7th day of November, 2008
ORDER
The petitioner faces allegations in a crime registered
alleging offences punishable, inter alia, under Secs.452 and
324 IPC. In the course of investigation, allegation under
Sec.308 IPC has also been included. According to the
petitioner, the inclusion of the allegation under Sec.308 IPC is
totally unjustified. On fanciful allegations that charge has been
included in the crime. Injury is on the chest. It is allegedly
inflicted with a knife.
2. I shall not embark on a more detailed discussion
invoking the jurisdiction under Sec.482 Cr.P.C. I am not, at
this stage of the proceedings, able to hazard an opinion as to
whether the inclusion of the offence under Sec.308 IPC is
justified or not.
Crl.M.C. No. 4237 of 2008 -: 2 :-
3. The petitioner, if he thinks he is entitled to the same,
must seek anticipatory bail from the competent court. In the
alternative, he has to surrender before the Investigating
Officer or the learned Magistrate and then seek regular bail.
No directions under Sec.482 Cr.P.C. incorporating a
pronouncement on the validity of the inclusion of the allegation
under Sec.308 IPC does appear to be necessary or possible at
this stage.
4. The learned counsel for the petitioner submits that the
petitioner may be permitted to surrender before the learned
Magistrate and seek regular bail. The learned Magistrate may
be directed to consider the application for anticipatory bail on
merits, in accordance with law and expeditiously as directed by
this Court in Alice George v. Deputy Superintendent of
Police (2003 (1) KLT 339).
5. Needless to say, 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 in the light of the decision in Alice George.
No special or specific directions appear to be necessary. Every
court must do the same.
Crl.M.C. No. 4237 of 2008 -: 3 :-
6. This Crl.M.C. is, in these circumstances, dismissed with
the above observations.
7. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge