IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 57 of 2009() ----------------------------------- (CRIME NO.72/08 OF ARYANADU EXCISE RANGE,TRIVANDRUM) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ VASANTHA, D/O.GOURI, MANAYAKKAKKONAM VEEDU, KALLAMAM, PANNIYODE, VEERANAKKAVU VILLAGE, TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 57 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2009 ORDER The petitioner – a woman, faces allegations as the 2nd accused in a crime registered under Sec.8 of the Kerala Abkari Act. Crime has been registered. Investigation is in progress. The petitioner has not been arrested yet. The petitioner apprehends imminent arrest. 2. According to the petitioner, she is absolutely innocent. She is willing to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. She apprehends that her application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. The petitioner has not moved for anticipatory bail. She has not surrendered before the Investigating Officer or Crl.M.C. No. 57 of 2009 -: 2 :- the learned Magistrate. She seeks directions under Sec.482 Cr.P.C. The precise direction payed for is that the petitioner's application for regular bail may be considered on merits, in accordance with law and expeditiously. 4. I am not persuaded to agree that any specific or special directions need be issued. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). I have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. 5. In the result, this Crl.M.C. is dismissed; but with the observation that 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. 6. 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 Crl.M.C. No. 57 of 2009 -: 3 :-