IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2731 of 2008 (CR.NO.22/08 OF BADIADKA EXCISE RANGE.) ------------------------- PETITIONER/ACCUSED: ------------------------- SARASWATHY AGE 41/08, W/o. ITHAPPA NAIK, KATUKKA, ENMAKAJAI VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE, BADIADKA EXCISE RANGE. REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2731 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2008 O R D E R The petitioner is an accused in a crime registered under the Kerala Abkari Act. He was not arrested yet. He apprehends imminent arrest. Instead of going before the court seeking bail or anticipatory bail, the petitioner has come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions may be issued to the Magistrate to consider the bail application of the petitioner. 2. No direction of this Court are 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). The petitioner can appear before the Investigating Officer or the learned Magistrate having jurisdiction. When the petitioner moves an application for regular bail after such surrender and production before the learned Magistrate, the learned Magistrate, needless to say, must consider such Crl.M.C.No. 2731 of 2008 2 application for bail on merits and in accordance with law. I have no reason to assume that the learned Magistrate would not act in accordance with law. 3. This Crl.M.C. is accordingly dismissed. Needless to say if the petitioner surrenders before the learned Magistrate and applies for bail, the learned Magistrate must consider the application on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm