IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Crl.MC.No. 3557 of 2008() ------------------------- [CRIME NO.31/2008 OF BADIADKA EXCISE RANGE] PETITIONER/ACCUSED: ------------ RAMESHA @ KUJUMBA, AGED 42 YEARS, S/O.CHOMA, RESIDING UJAMPADY, DELAMPADY VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA THROUGH EXCISE INSPECTOR BADIADKA RANGE, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3557 of 2008 ---------------------------------------- Dated this the 23rd day of September 2008 O R D E R The petitioner faces allegations in a crime registered under the Kerala Abkari Act. It is alleged that the petitioner was found to be in possession of contraband articles which he abandoned and ran away from the scene of the crime. The petitioner is named in the seizure mahazer as well as in the crime and occurrence report. 2. According to the petitioner, the allegations are false and incorrect. He is willing to co-operate with the investigators. He is willing to surrender and seek regular bail. He apprehends that his application for regular bail may not be considered on merits, in accordance with law and expeditiously. Though there is a prayer for quashing of proceedings, at the stage of arguments, it is submitted that the petitioner only seeks a direction that his application for regular bail to be filed by him when he surrenders before the investigating officer or the learned Magistrate may be directed to be considered expeditiously. Crl.M.C.No.3557/08 2 3. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. It is for the petitioner to surrender before the investigating officer or the learned Magistrate and then seek regular bail. The application for regular bail, needless to say, must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 4. With the above observations, this petition is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3557/08 3 Crl.M.C.No.3557/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008