IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH FEBRUARY 2007 / 26TH MAGHA 1928 Crl.MC.No. 380 of 2007() ------------------------ CP.126/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: 1ST ACCUSED ------------------------ RAJENDRAN, S/O. BHADRAN, BHADRAMANGALATHU, IYTHOTTUVA, WEST KALLADA, KOLLAM DISTRICT. BY ADV. SRI.SIJU KAMALASANAN RESPONDENTS: STATE ------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THIRUVALLA EXCISE RANGE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO. 380 OF 2007 ------------------------------------------------- Dated this the 15th day of February, 2007 ORDER The petitioner faces indictment in a prosecution under the provisions of the Kerala Abkari Act. The petitioner was not arrested at the crime stage. He has not received any process from any court. But now he finds that a warrant of arrest issued by the learned Magistrate in the committal proceedings is chasing him. The petitioner is willing to surrender; but apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. 2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient CRL.M.C.NO. 380 OF 2007 -: 2 :- general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 compelling and exceptional reasons are there. Sd/- (R. BASANT, JUDGE) HO Nan/ //true copy// P.S. to Judge