IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4427 of 2008()
1. SHAHID ABDULLA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4427 of 2008
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Dated this the 18th day of November, 2008
O R D E R
The petitioner faces allegations as the first accused in a
crime registered alleging offences punishable, inter alia, under
section 498A I.P.C. He is the husband of the defacto
complainant. The crime was registered on the basis of a private
complaint filed before the Chief Judicial Magistrate, Kasargod
and referred by the Magistrate to the police under Section 156(3)
Cr.P.C. Investigation is in progress. The petitioner apprehends
imminent arrest.
2. Some of the co-accused had come before this Court and
had filed Crl.M.C.3843 of 2008 and the same was disposed of by
order dt.16.10.2008. The petitioner was not available in India at
that time. He was employed abroad. He now prays that identical
directions as were issued in favour of the co-accused may be
issued in favour of the petitioner herein also.
3. The petitioner can now apply for anticipatory bail
before appropriate court. In the alternative he can surrender
Crl.M.C.No. 4427 of 2008
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before the Investigating Officer or the learned Magistrate and then
apply for regular bail. If the petitioner chooses to appear before the
Investigating Officer or the learned Magistrate and then apply for
regular bail after giving sufficient prior notice to the Prosecutor in
charge of the case, the learned Magistrate will necessarily have to
consider such application for bail on merits, in accordance with law
and expeditiously in the light of the dictum in Alice George v.
Dy.S.P. of Police (2003 (1) KLT 339). No special or specific
direction appears to be necessary. Every court must do the same. It is
not necessary for this court in every subsequent proceedings under
Section 482 Cr.P.C. to direct the subordinate Magistracy to comply
with the directions issued in the decision referred above. If there be
non-compliance, the avenues of challenge/complaint are available to
the petitioner.
4. This application is dismissed with the above specific
observations.
5. Hand over the order.
(R. BASANT)
Judge
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