IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2573 of 2008() ------------------------- CP.112/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY CRIME NO.108/03 OF THE KARUNAGAPPALLY EXCISE RANGE. .................... PETITIONER: ------------ MANIYAMMA, KALLELI MUNNEL;, PRAYAR THEKKUM MURI, CLAPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2573 of 2008 ------------------------------------------------- Dated this the 9th day of July, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution under Sec.55(g) of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner was not arrested at any stage so far. She has not appeared before the learned Magistrate. Coercive processes have been issued against the petitioner by the learned Magistrate in the committal proceedings reckoning her as an absconding accused. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before Crl.M.C. No.2573 of 2008 -: 2 :- the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate 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 Magistrate to release her on bail when she appears before the learned Magistrate. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which she could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate 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 Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No.2573 of 2008 -: 3 :- 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/