IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2154 of 2008() ------------------------- PETITIONER: PETITIONER/ACCUSED --------------------------------------- VISWANATHAN, AVANIYIL HOUSE, PEROORKARAZHMAMURI, THAMARAKULAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.SALIM V.S. RESPONDENTS: RESPONDENTS/COMPLAINANTS ----------------------------------------------------- 1. THE EXCISE INSPECTOR, NOORANAD VILLAGE, ALAPPUZHA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2154 OF 2008 ----------------------------------------------- Dated this the 9th day of June, 2008 O R D E R The petitioner faced indictment in a prosecution under the Kerala Abkari Act. He was not arrested in the course of investigation. According to the petitioner, final report has already been filed and cognizance has been taken by the learned Magistrate. But the petitioner is unable to furnish to this Court the number of the committal proceedings, if any, registered. The petitioner was not arrested in the course of investigation. 2. Petitioner now wants to surrender before the court and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 438 or 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances under which he could not earlier appear before the learned Magistrate. I find absolutely no reason Crl.M.C. No. 2154 OF 2008 2 to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. 3. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies 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. Needless to say that such application shall be considered in the light of the decision in Sukumari v. State of Kerala [2001 (1) KLT 22]. R. BASANT, JUDGE ttb Crl.M.C. No. 2154 OF 2008 3 Crl.M.C. No. 2154 OF 2008 4 Crl.M.C. No. 2154 OF 2008 5