IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND AUGUST 2007 / 31ST SRAVANA 1929 Crl.MC.No. 2675 of 2007() ------------------------- LP.22/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER: ACCUSED ------------------- P.M.SHIBULAL, S/O MADHAVAN, AGED 38 YEARS, PARAMBUKATTIL HOUSE, VELLAVOOR VILLAGE, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: COMPLAINANT ------------------------ EXCISE SUB-INSPECTOR, EXCISE RANGE OFFICE, MATTANNOOR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = Crl.M.C. No.2675 Of 2007 = = = = = = = = = = = = = = Dated this the 22nd day of August, 2007 ORDER Petitioner faces indictment in a prosecution, under the Kerala Abkari Act. Investigation is complete. Cognizance has been taken and the case is registered. The petitioner did not appear before the learned Magistrate. The learned Magistrate has issued coercive processes against the petitioner. The case has been transferred to the list of long pending cases and the same is pending as L.P.No.22/2007 before the Judicial First Class Magistrate Court, Mattannoor. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The absence of the petitioner earlier was on account of reasons beyond his control. The petitioner is willing to surrender before the learned Magistrate and cooperate for the early disposal of the case, 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 further prays that appropriate directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances Crl.M.C.No. 2675 of 2007 2 under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This application is, in these circumstances, 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 appropriate orders on merits and expeditiously - on the date of surrender itself, unless there are compelling reasons. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE