IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1856 of 2008() ----------------------------- CP.34/2008 of J.M.F.C.,KASARAGOD Cr.No.1/04 of KASARAGOD EXCISE RANGE .................... : PETITIONER/ ACCUSED ------------------------------------ GANGADHARAN.K AGE 38/08, S/O.KUNHIRAMAN, UDUMA VILLAGE, HOSDURG, KASARGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP BY THE INSPECTOR OF POLICE KASARGOD EXCISE RANGE. REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1856 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. Petitioner faces indictment in a prosecution under the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not entered appearance so far. Coercive processes have been issued against the petitioner. The petitioner has come to this Court claiming anticipatory bail apprehending arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence was not willful or he is willing to surrender before the learned Magistrate and seek regular bail. The learned Magistrate may be directed to release the petitioner on bail, it is prayed. 3. The learned Public Prosecutor reports that the petitioner has already been arrested on 21.03.08. In these circumstances, this application for anticipatory bail is unnecessary and not maintainable, submits the learned Public Prosecutor. 4. I shall assume that the petitioner has not been arrested. Even then, it is for the petitioner to surrender before B.A.No.1856 of 2008 2 the learned Magistrate and then seek regular bail. I find no reason to issue the directions under Section 438 Cr.P.C. 5. If the petitioner has already been arrested, he must seek regular bail. If the petitioner has not been arrested, he must surrender before the learned Magistrate then seek regular bail. 6. With the above observations, this bail application is dismissed. Needless to say 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 – on the date of surrender itself. (R.BASANT, JUDGE) rtr/-