IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3164 of 2008() ------------------------- C.R.NO. 92/07 OF THIRUVALLA EXCISE RANGE CP.145/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER/ACCUSED: ---------------------------------- RADHAMANI, D/O. MANDAKINI KUZHIMALA HOUSE, VALLAMKULAM KIZHAKKU ERAVIPEROOR VILLAGE, THIRUVALLA. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, 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 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3164 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R The petitioner, a woman, 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. The petitioner has not been arrested so far. In these circumstances, reckoning the petitioner as an absconding accused, coercive processes have been issued against her. The petitioner finds such processes issued by the learned Magistrate chasing her. 2. According to the petitioner she is absolutely innocent. Her absence was not willful or deliberate, but on account of reasons beyond her control. She is willing to surrender before the learned Magistrate, but she apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 3164 of 2008 2 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which she could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner when she surrenders before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. 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. Needless to say his Crl.M.C.No. 3164 of 2008 3 application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm