IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2097 of 2008() ------------------------- CRIME NO.290/07 OF SANTHANPARA POLICE STATION CP.151/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONER: ACCUSED ------------------- JOHNY, S/O.UNNUNI, KARUPATTU VEWETTIL, HML ESTATE,LAYAM, POPPARA BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE O KERALA, REP. BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2097 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under the Kerala Abkari Act. He was not arrested at any stage till now. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The learned Magistrate has issued summons to procure the presence of the petitioner. 2. According to the petitioner he is absolutely innocent. He is willing to surrender before the learned Magistrate and seek regular bail, but he apprehends that though only a summons has been issued against him, when he appears he may not be enlarged on bail. He apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is hence prayed that appropriate directions may be issued under Section 482 Cr.P.C. 3. I find absolutely no merit in the prayer made. I must assume that the learned Magistrate has applied his mind and has Crl.M.C.No. 2097 of 2008 2 chosen to issue only a summons and not a warrant under Section 204 Cr.P.C. In these circumstances I have no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. 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). 4. This application is accordingly dismissed, but with the specific observation that if the petitioner appears before the learned Magistrate and applies for bail in response to the summons issued, his application must be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say his application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm Crl.M.C.No. 2097 of 2008 3