IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929 Crl.MC.No. 3730 of 2007 --------------------------------- (CR. NO. 33/2007 OF ANCHAL EXCISE RANGE) ............... PETITIONER: ------------------- RENJITH, S/O. SADANANDAN, ANANDAVILASOM VEEDU, NEDUNGOTTUKONAM, ADAMULACKAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI. SURAJ KUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, ANCHAL EXCISE RANGE, ANCHAL. BY PUBLIC PROSECUTOR SRI. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3730 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2007 O R D E R The petitioner faces allegations in a crime registered under the Kerala Abkari Act. According to the petitioner, he is absolutely innocent. He has not sought anticipatory bail from any court so far. According to the petitioner, he is willing to surrender before the learned Magistrate and seek regular bail. If he is so willing and ready, why has he come to this Court? The learned counsel submits that the petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He has hence come to this Court with this petition under section 482 Cr.P.C. 2. Every court has to consider such application for bail of a person, who surrenders before it on merits, in accordance with law and expeditiously. No special or specific direction appear to Crl.M.C.No. 3730 of 2007 2 be necessary. It is for the petitioner to appear before the learned Magistrate and seek regular bail in the ordinary course. 3. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm