IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 196 of 2009() ------------------------------------ (CRIME NO.319/2008 OF RANNI POLICE STATION) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ RAJEEV,S/O PRABHODHARAN, PUTHEN VEETIL, THALACHIRA, RANNI TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/ STATE: -------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, RANNI. 2. STATE OF KERALA,REPRESEBTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.196 of 2009 ---------------------------------------- Dated this the 15th day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 55(g) of the Kerala Abkari Act. Investigation is complete. Final report has been filed. Cognizance has been taken. Committal proceedings have been registered. Petitioner has not been arrested at the crime stage or thereafter. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate 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 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. Crl.M.C.No.196/09 2 3. 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 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]. 4. 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 - on the date of surrender itself in the light of Sukumari v. State of Kerala [2001(1)KLT 22]). Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.196/09 3 Crl.M.C.No.196/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008