IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2054 of 2008() ------------------------- CRIME NO. 76/98 OF KUNNICODE POLICE STATION L.P. 22/08 IN SC.962/2007 of ADDL. SESSIONS COURT(ABKARI CASES) KOTTARAKKARA .................... PETITIONER ------------ JIJO BABU, S/O. BABU JIJO BHAVAN, GANDHI GRAM MURI CHAKKUVARACKAL VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, KUNNICODU POLICE STATION, KOLLAM DIST. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2054 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioner is the first accused in a prosecution under the provisions of the Kerala Abkari Act. There were two co-accused also. Investigation was complete. Final report was filed. Committal proceedings was registered. The case was committed to the Court of Sessions. The petitioner was available for trial. The co-accused have already been tried, found not guilty and acquitted, it is submitted at the Bar. As the petitioner was not available for trial, the case against him has been transferred to the list of long pending cases by the Sessions Court and coercive processes have been issued against the petitioner. The petitioner finds such coercive processes issued by the learned Sessions Judge chasing him. 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 Magistrate, but he apprehends that his application for Crl.M.C.No. 2054 of 2008 2 bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued 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. 2054 of 2008 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm Crl.M.C.No. 2054 of 2008 4 There is no incumbent to preside over the Munsiff-Magistrate Court, Mannarghat. This causes great difficulty and inconvenience to lawyers, litigants and law enforcement officers of Mannarghat. A Judicial Officer at Palghat is now placed in additional charge. There is no prospect of filling up the vacancy in the near future. I therefore think it necessary to transfer and post Sri. Thaha, presently Munsiff working at Ottapalam, to preside over the Munsiff-Magistrate Court at Mannarghat. Smt. Indira Devi, J.F.M.C. Ottapalam can be placed in full additional charge of the Munsiff's Court at Ottappalam. Issue orders forthwith. Crl.M.C.No. 2054 of 2008 5 29.5.2008 (Justice R. Basant)