IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2040 of 2008() ------------------------- CRIME NO. 73/01 OF THIRUVALLA POLICE STATION SC.263/2007 of ADDL. SESSIONS COURT(FAST TRACK)III, PATHANAMTHITTA .................... PETITIONER: ------------ REVI, S/O. NANU, AGED 32 YEARS PARAYIL HOUSE, KOTTOOR MURI KAVYOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2040 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under the Kerala Abkari Act. The Sessions Court, Pathanamthitta (Fast Track Court III) has issued non- bailable warrant against the petitioner. According to the petitioner at the crime stage or thereafter the petitioner has not received any summons from the court. He has now come to know that the Sessions Court has issued warrant of arrest against him. He is unable to make out how such a warrant is issued. It is in these circumstances that the petitioner has come to this Court with this petition under Section 482 Cr.P.C 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Sessions Judge and seek bail. But he apprehends that his application for bail may not be considered by the learned Crl.M.C.No. 2040 of 2008 2 Judge on merits, in accordance with law and expeditiously. In these circumstances it is prayed that appropriate directions may be issued to the learned Sessions Judge to release the petitioner on bail on the date of surrender itself. 3. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge, 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 Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge Crl.M.C.No. 2040 of 2008 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 9.6.2008. On or before that date, the petitioner shall surrender before the learned Sessions Judge and seek regular bail. (R. BASANT) Judge tm