IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3699 of 2008 --------------------------------- (O.R. NO. 102/2006 OF CHADAYAMANGALAM EXCISE RANGE) ............. PETITIONER/ ACCUSED: ----------------------------------- RAGINI, D/O. KUNJUKUTTY, THODIYIL THAZHATHIL VEEDU, PADINJATTINKARA MURI, VELIYOM VILLAGE, KOTTARAKARA TALUK. BY ADV. SRI.PREMCHAND R.NAIR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, CHADAYAMANGALAM EXCISE RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3699 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioner, a woman, faces indictment in a prosecution under the provisions of the Kerala Abkari Act. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. The petitioner was not arrested at the time of detection of the offence on the alleged reason that there were no woman official in the team which detected the offence. Petitioner is willing to surrender before the learned Magistrate and seek bail. But she apprehends that her application may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. She has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that direction may be issued to ensure that the dictum in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22) is complied with and that the petitioner's Crl.M.C.No. 3699 of 2008 2 application for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decisions cited supra. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions in Alice George and Sukumar (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm