IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 386 of 2009 -------------------------------- (CR. NO. 47/08 OF ARYANADU EXCISE RANGE, TRIVANDRUM) ............ PETITIONER/ ACCUSED: ----------------------------------- VASANTHA, D/O.VALLIAMMAV GOURI, MELLAPUTHAM VEEDU MANNURKARA VILLAGE KUTTICHAL TRIVANDRUM. BY ADV. SRI.M.R.SARIN. RESPONDENT/ COMPLAINANT: --------------------------------------------- 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 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 386 of 2009 ------------------------------------------------- Dated this the 27th day of January, 2009 ORDER The petitioner – a woman, faces indictment in a prosecution for offences punishable under Sec.8 of the Kerala Abkari Act. The petitioner has not been arrested yet. The case is at the stage of investigation. The petitioner has not applied for anticipatory bail. According to the petitioner, she is absolutely innocent. She is willing to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and seek regular bail. But the petitioner apprehends that her application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is hence prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 2. The matter is at the stage of investigation. The Crl.M.C. No. 386 of 2009 -: 2 :- allegations raised appear to be serious. It is for the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek regular bail, she having not chosen to apply for anticipatory bail. Sufficient general directions have already been issued in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) and I find no reason to assume that such application for regular bail, if filed by the petitioner after her surrender before the Investigating Officer or the learned Magistrate, shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same and I am not persuaded to issue any further directions in the matter. 3. This Crl.M.C. is dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 386 of 2009 -: 3 :-