IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 96 of 2008() --------------------------- C.P.NO.92/07 OF JFCM COURT,. THIRUVALLA. CRIME NO.4706 OF THIRUVALLA EXCISE RANGE. PETITIONER/ACCUSED IN CP NO.92/07 -------------------------------------------------- GOPALAN, S/O. MADHAVAN, CHOZHIYAMPARAYEL HOUSE, KUTTOOR VILLAGE, KUTTOOR MURI, THIRUVALLA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT IN CP NO.92/2007 ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 96 OF 2008 ------------------------------------------------- Dated this the 3rd day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution under Sec.8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. The petitioner was not arrested earlier. A warrant of arrest issued by the learned Magistrate to procure the presence of the petitioner is chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be B.A. No. 96 OF 2008 -: 2 :- considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 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. 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). 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 96 OF 2008 -: 3 :- 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 – on the date of surrender itself. Needless to say, the application of the petitioner has to be considered by the learned Magistrate in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge