IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4384 of 2008()
1. SASI, S/O.KOCHU KUNJU, THOTTADI
... Petitioner
2. MADHU, S/O.KOCHU KUNJU, -DO- -DO-
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4384 of 2008
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Dated this the 17th day of November 2008
O R D E R
The petitioners face indictment for offences punishable inter
alia under Section 308 I.P.C. The petitioners had come to this court
seeking anticipatory bail and by Annexure I order, the petitioners
were granted anticipatory bail subject to conditions. The
petitioners had appeared before the investigating officer and was
enlarged on bail on their executing bonds with sureties. The
petitioners were allegedly informed by the police that they need
appear now only after receipt of summons.
2. Investigation is now complete. Final report has already
been filed. Committal proceedings has been registered. The
petitioners have received summons to appear before the learned
Magistrate. They are willing to appear before the learned
Magistrate. But the petitioners apprehend that they may not be
granted regular bail as the petitioners had omitted to comply with
the condition in the order granting anticipatory bail that the
petitioners must surrender before the learned Magistrate and seek
regular bail within a period of one month. In these circumstances,
the petitioners have come before this court with a prayer for issue
of directions under Section 482 Cr.P.C.
Crl.M.C.No.4384/08 2
3. The petitioners were granted anticipatory bail. They had
appeared before the investigating officer and were enlarged on
bail. There was no prayer to cancel the anticipatory bail granted on
the ground of non-compliance so far. The learned Magistrate, I
must assume, had advisedly issued only a summons and not a
warrant to secure the presence of the petitioners. Following the
decision in Sreekumar v. State of Kerala [2008(3) KLT 748] the
petitioners are entitled to have their bail applications considered in
the light of the above decision. No further directions deserve to be
issued.
4. In the result, this Criminal Miscellaneous Case is
dismissed but with the specific observation that if the petitioners
surrender before the learned Magistrate and apply for 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, in accordance with law and expeditiously – on the date of
surrender itself in the light of Alice George vs.Deputy
Superintendent of Police [2003(1)KLT 339] and Sreekumar
(Supra).
5. Hand over copy of this order to the learned counsel for
the petitioner.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.4384/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008