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. 27 of 2009() ----------------------- CRIME NO. 509/2008 OF PANDALAM POLICE STATION CP.252/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/A1: --------------- SUNISH S/O. THANKAPPAN, AGED 33 YEARS NEDUMPOIKAMALATHU VEEDU, PUNNUKKUNAM THUMBAMAN VILLAGE, MAZHUVELI. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR 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. 27 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 O R D E R The petitioner faces indictment in a prosecution under Section 8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. He was not arrest at the crime stage or thereafter. A summons was issued to the petitioner by the learned Magistrate under Section 204 Cr.P.C. The petitioner has received the summons. He has to appear before the learned Magistrate on 11.1.2009. He is willing to surrender 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. He therefore prays that appropriate direction may be issued. 2. 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). I have no reason to assume that the Crl.M.C.No. 27 of 2009 2 application for regular bail to be filed by the petitioner when he surrenders in response to the summons issued will not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. If there be non- compliance, the avenues of challenge are available to the petitioner. 4. This application is accordingly dismissed, but with the specific observation 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. Such application shall be considered in the light of the decisions in Sukumari v. State of Kerala (2001 (1) KLT 22) and Sreekumar v. State of Kerala (2008 (3) KLT 748). (R. BASANT) Judge tm