IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2102 of 2008() ------------------------- CRIME NO.2/2007 OF NEYYATTINKARA EXCISE RANGE .................... PETITIONER: ACCUSED: -------------------- MANOHARAN, HOUSE NO.7/335, KARAYKKAVILA, PUTHENKADA, THIRUPURAM. SHOWN IN CASE RECORDS AS MANIYAMBARAN, RESIDING AT AYAKULATHU CHEMMANNU VILA VEEDU, PERUMPAZHUTHOOR. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.2102 of 2008 ------------------------------------- Dated this the 3rd day of June, 2008 ORDER Petitioner faces allegations in a crime registered under the Kerala Abkari Act. According to the petitioner, he is absolutely innocent. His name is not specifically mentioned in the occurrence report and the contemporaneous records. But police are attempting to arrest the petitioner. The petitioner has not sought anticipatory bail from any court. According to the petitioner's counsel, the petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He therefore has come to this Court for issue of appropriate direction under Section 482 Cr.P.C to ensure that his application for regular bail is considered expeditiously in accordance with law. 2. It is for the petitioner to appear before the learned Magistrate and then seek regular bail. As the petitioner asserts that he does not want to seek anticipatory bail and he is willing to surrender before the learned Magistrate and seek regular bail, Crl.M.C.No.2102 of 2008 2 the petitioner need only be directed to appear before the Investigating Officer or the learned Magistrate and then seek regular bail. If he so appears and applies for regular bail, his application for regular bail must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. I have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears before the Investigating Officer or 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. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge Crl.M.C.No.2102 of 2008 3 (R.BASANT, JUDGE) rtr/-