IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 Bail Appl..No. 7498 of 2007() ----------------------------- CP.248/2007 of J.M.F.C.,KASARAGOD CRIME NO.24/2002 OF KUMBALA EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------- CHANIYAPPA, S/O.DOOMA POOJARY, R/AT BADOOR BADOOR VILLAGE, KASARAGOD BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, KUMBALA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7498 of 2007 ---------------------------------------- Dated this the 6th day of December 2007 O R D E R Application for anticipatory bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly keeping in his possession 8 x 180 ml and 2 x 375 ml of I.M.F.L on 09/08/2002. Investigation is complete. Final report has already been filed. The petitioner was not arrested at the crime stage. Cognizance has been taken. Committal proceedings has been registered. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. B.A.No.7498/07 2 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this bail application is dismissed but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr B.A.No.7498/07 3 B.A.No.7498/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007