IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4533 of 2008()
1. RAMESH SHETTY
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.P.K.ANIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4533 of 2008
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Dated this the 25th day of November, 2008
O R D E R
The petitioner faces indictment in a prosecution for the
offence punishable under Section 8(2) of the Kerala Abkari Act.
He was never arrested by the Investigator though the alleged
offence was committed as early as on 16.2.2006. The petitioner
now apprehends that he may be arrested by the police. He has
therefore come to this court with this petition.
2. According to him he is absolutely innocent. The
proceedings initiated against him are totally unjustified. The
petitioner apprehends that his application for regular bail may
not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. He has therefore come to
this court seeking directions under Section 482 Cr.P.C.
3. The petition is one against an investigation in progress.
If he feels that the proceedings initiated against him is not
justified and that he does not deserve to be arrested, he can seek
anticipatory bail from appropriate court. In the alternative, he
Crl.M.C.No. 4533 of 2008
2
can choose to surrender before the Investigating Officer or the learned
Magistrate. It appears from this petition that the petitioner is opting to
adopt the latter course. 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) to the effect that a court considering
application for regular bail of a person who has surrendered before it
must do the same expeditiously. I have no reason to assume that the
learned Magistrate would not discharge this duty in law. The learned
Magistrate must consider the application for bail of the petitioner if he
surrenders before the Investigating Officer or the learned Magistrate
and applies for bail after giving sufficient prior notice to the
Prosecutor in charge of the case. No special or specific directions
need be issued. I expect the learned Magistrate to comply with the
directions issued in the decision referred above.
4. This Crl.M.C. is dismissed with the above observations.
5. Hand over the order.
(R. BASANT)
Judge
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