IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH JUNE 2007 / 30TH JYAISHTA 1929 Crl.MC.No. 1978 of 2007() ------------------------- CRIME NO.43/2000 OF AMARAVILA EXCISE RANGE, NEYYATTINKARA PETITIONER: ------------ R.CHANDRAN, CHANDRAVILASOM, OKKATTUKONAM, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.D.VIJAYAKUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.43 OF 2000 OF AMARAVILA EXCISE RANGE OFFICE, NEYYATTINKARA). BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1978 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2007 O R D E R The petitioner faces indictment in a prosecution under Section 55(a) of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Committal proceedings ave been registered before the learned Magistrate. The petitioner could not appear before the learned Magistrate and in these circumstances a warrant of arrest issued by the learned Magistrate is chasing him. 2. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 Crl.M.C.No. 1978 of 2007 2 would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. 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 - on the date of surrender itself. 5. Hand over copy of the order. (R. BASANT) Judge tm