IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3306 of 2008() ------------------------- CP.32/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT- II,NEYYATTINKARA .................... (CRIME NO.92/2005 OF POOVAR POLICE STATION) PETITIONER: ACCUSED NO.2: --------------------------------------------- UNNIKUTTAN, AGED 40 YEARS, S/O.KAMALASANA PANICKER,ERATTAPLAVILA PUTHENVEETTIL, RAMAPURAM.,ATHIYANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT:COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, RURAL CRIME DETACHMENT,THIRUVANANTHAPURAM REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3306 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under the Kerala Abkari Act. The petitioner was not arrested at the crime stage. Cognizance was taken after completion of the investigation on the basis of the final report submitted by the police. The learned Magistrate took cognizance of the offence and issued a summons to the petitioner. He has to appear before the learned Magistrate on 24.9.2008. He apprehends that when he surrenders before the learned Magistrate, the learned Magistrate may not grant him bail as he has not been enlarged on bail earlier and is likely to remand him to custody. The petitioner, in these circumstances, prays that the learned Magistrate may be directed to consider his application for regular bail on merits, in accordance with law and expeditiously. 2. I am satisfied that no special or specific direction need be issued. Sufficient general directions have already been issued Crl.M.C.No. 3306 of 2008 2 by this Court in the decisions in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339), Sukumari v. State of Kerala (2001 (1) KLT 22) and Muhammed Basheer v. State of Kerala (2008 (3) KHC 646). I have no reason to assume that the learned Magistrate will not apply the principles in the above precedents and shall not consider the bail application in accordance with law. 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 - on the date of surrender itself, in the light of the decisions referred above. 4. Eventhough a contention is raised in this Crl.M.C. that the proceedings are liable to be quashed against the petitioner, at the stage of arguments only the earlier relief is pressed. I make it clear as requested by the counsel that this Crl.M.C. is dismissed without Crl.M.C.No. 3306 of 2008 3 prejudice to the right of the petitioner to raise his contentions at the appropriate stages that charges are not liable to be framed against him. (R. BASANT) Judge tm