IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3136 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN LPC.10/2005 IN SC.968/2000 of ADDL.SESSIONS COURT (ADHOC), KASARAGOD .................... PETITIONER: ACCUSED: -------------------- MUHAMMED @ MONU, S/O.AHAMMED KUNHI, GERKATTA HOUSE, PAVOOR, MANJESHWARAM, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT / STATE: --------------------------------- 1. EXCISE INSPECTOR, KUMBLA EXCISE RANGE, KASARAGODE. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3136 of 2008 ------------------------------------------------- Dated this the 19th day of August, 2008 ORDER The petitioner faces indictment in a prosecution under the provisions of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. The case has been committed to the Court of Sessions. It is pending before the learned Additional Sessions Judge (Adhoc-I), Kasaragod, as S.C.No.968/00. The petitioner has not entered appearance so far before the learned Sessions Judge and consequently reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Sessions Judge. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 3136 of 2008 -: 2 :- His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Sessions Judge to release him on bail when he appears before the learned Sessions Judge. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Crl.M.C. No. 3136 of 2008 -: 3 :- Sessions Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT, JUDGE) Nan/