IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Crl.MC.No. 4746 of 2008() ------------------------- SC.663/2001 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY CP.128/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER(S): ACCUSED NO.6: ---------------------------- OLOKKARAN SURESH, S/O.CHATHU, MURIKKAL HOUSE, SIVAPURAM AMSOM, KANGILERY, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT: --------------------------- STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4746 of 2008 ------------------------------------- Dated this the 9th day of December, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 3 and 5 of the Explosive Substances Act. Cognizance has been taken. The case has been committed to the Court of Session. The co-accused, who were available, stood trial and have been found not guilty and acquitted. The case against the petitioner has been split up. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is innocent. He is willing to surrender before the Investigating Officer or the learned Sessions Judge and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is therefore prayed that appropriate directions may be issued to the learned Sessions Judge to consider his bail application expeditiously in the light of the decisions in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. Crl.M.C. No.4746 of 2008 2 3. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22] to oblige the subordinate courts to consider applications for bail filed by accused who surrender before the courts below as expeditiously as possible. No special or specific direction appears to be necessary in the facts and circumstances of this case. I have no reason to assume that the same shall not be done. Every court must do the same. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 4. The learned counsel for the petitioner further wants it to be made clear that the petitioner's plea for discharge under Section 227 Cr.P.C must be considered by the learned Sessions Judge. Needless to say, such plea for discharge can be raised by the petitioner and such plea will necessarily have to be considered by the learned Sessions Judge. 5. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-