IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 15 of 2009() ----------------------- CRIME NO.358/08 OF THE KANAKAKKUNNU EXCISE RANGE. PETITIONER(S): ACCUSED ---------------------- PONNAN, S/O. SUKUMARAN, ALAPPURATHU VEEDU,KANDALLOOR PANCHAYATH 2 WARD, PUTHIYAVILA MURI, MUTHUKULAM VILLAGE, ALAPPUZHA. BY ADV. SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTO5R, HIGH COURT OF KERALA,REP. EXCISE INSPECTOR,KANAKAKKUNNU RANGE. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 15 of 2009 ------------------------------------------------- Dated this the 1st day of January. 2009 ORDER The petitioner faces allegations in a crime registered alleging offences punishable under Secs.8 and 55(a) of the Kerala Abkari Act. Crime has been registered. Investigation is in progress. According to the petitioner, he is absolutely innocent and the present prosecution is initiated vexatiously. The petitioner has not sought anticipatory bail. Instead, he has come to this Court with this Crl.M.C. under Sec.482 Cr.P.C. with a prayer that directions may be issued to the learned Magistrate to consider his application favourably and grant him bail when he surrenders before the learned Magistrate. 2. It is for the petitioner, who has not chosen to file any application for anticipatory bail, to now appear before Crl.M.C. No. 15 of 2009 -: 2 :- the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. Sufficient general directions have already been issued obliging the Magistrates to consider the applications for bail filed by the persons surrendering before them on merits, in accordance with law and expeditiously. No further, special or specific directions appear to be necessary now. I have no reason to assume that the learned Magistrate shall not follow the decision in Alice George (supra). If there be non-compliance, the avenues of challenge/complaint are available to the petitioner. 3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks 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 and expeditiously. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 15 of 2009 -: 3 :-