IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 8137 of 2007() ----------------------------- CRIME 344/03 OF BALARAMAPURAM POLICE STATION CP.75/07 OF JFCM - III, NEYYATTINKARA PETITIONER/3RD ACCUSED --------------------------------------- SUGATHAN, 'VISHNU' OOTTUKUZHI, MANGALATHUKONAM, VENGANOOR VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8137 OF 2007 D ```````````````````````````````````````````````````` Dated this the 15th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the 3rd accused. He, along with accused Nos.1 and 2, faces allegations under the Kerala Abkari Act. 123 litres of arrack were allegedly seized from the possession of accused Nos.1 and 2 which, it is now alleged, was entrusted to them by the petitioner herein. 2. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not so far been entered appearance before the learned Magistrate. coercive processes have been issued against the petitioner. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and BA.8137/07 : 2 : expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 3. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. 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]. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient BA.8137/07 : 3 : prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. The learned Magistrate must consider the application for bail in the light of the decision reported in Sukumari Vs. State of Kerala [2001 (1) KLT 22]. (R.BASANT, JUDGE) aks