IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4614 of 2008()
1. SHEIKUNHI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :28/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4614 of 2008
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Dated this the 28th day of November, 2008
ORDER
Petitioners face allegations in a crime registered alleging
offences punishable, inter alia, under Sections 332 and 342 r/w
149 I.P.C. Crime has been registered. Investigation is in
progress. The petitioners apprehend imminent arrest. The
petitioners applied for anticipatory bail before the Sessions
Court and before the Bail Bench of this Court unsuccessfully, it
is submitted. They have now come before this Court again with
a prayer for issue of directions under Section 482 Cr.P.C. What
are the directions sought ? The counsel prays that the learned
Magistrate may be directed to consider the application for bail to
be filed by the petitioners after their surrender before the
Investigating Officer or the learned Magistrate in accordance
with law, on merits and expeditiously.
2. Sufficient general directions have already been issued
in Alice George v. The Deputy Superintendent of Police
[2003(1) KLT 339]. I am not satisfied that it is necessary for
this Court in every subsequent case to issue directions under
Crl.M.C. No.4614 of 2008 2
Section 482 Cr.P.C to the Magistracy to follow the dictum in
Alice George v. The Deputy Superintendent of Police .
Every court must do the same. I have no reason to assume that
the same shall not be done. If there be non compliance, the
avenues of challenge/complaint are available for the petitioners.
3. This Crl.M.C is, in these circumstances, dismissed, but
with the above specific observations.
4. Hand over a copy of this order to the learned counsel
for the petitioners for production before the court below.
(R.BASANT, JUDGE)
rtr/-