IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH NOVEMBER 2007 / 21ST KARTHIKA 1929 Crl.MC.No. 3405 of 2007() ------------------------- C.P.173/07 OF J.F.C.M. COURT, ADOOR PETITIONER: ACCUSED ------------------- UDAYAKUMARI, KUNNEL PUTHEN VEETTIL HOUSE, CHERICKAL, MUDIYOORKONAM P.O., PANDALAM. BY ADV. SRI.V.S.SALIM RESPONDENTS: COMPLAINANTS ------------------------- 1. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM. 2. THE STATE OF KERALA, 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 12/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3405 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2007 O R D E R The petitioner, a woman, faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. The alleged incident took place on 11.8.2007, it is submitted. Investigation is now complete. Final report has been filed. Cognizance has been taken by the learned Magistrate. The petitioner has not been arrested so far, in the course of investigation or thereafter. The learned Magistrate has now issued a warrant of arrest against the petitioner. She apprehends imminent arrest. 2. According to the petitioner she is absolutely innocent. Her absence was not willful. She never knew about such proceedings initiated against her. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But she apprehends that her application for bail may not be considered by the learned Magistrate on Crl.M.C.No. 3405 of 2007 2 merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 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 Crl.M.C.No. 3405 of 2007 3 expeditiously - on the date of surrender itself. Needless to say, the petitioner's application for bail must be considered by the learned Magistrate in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT) Judge tm