IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2032 of 2008() ------------------------- C.R.NO. 2/06 OF THIRUVALLA EXCISE RANGE CP.120/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: ACCUSED ------------------- SUJA, W/O.BAIJU, AGED 28 YEARS, NUKATHALA PUTHENPARAMBU VEEDU, KADAPURAM P.O., KOIPURAM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2032 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The petitioner faces indictment in a prosecution under the Kerala Abkari Act. She was not arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against her. The petitioner finds such processes issued by the learned Magistrate chasing her. 2. According to the petitioner she is absolutely innocent. Her absence was not willful or deliberate, but on account of reasons beyond her control. She is willing to surrender before the learned Magistrate, but she apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 2032 of 2008 2 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 application for bail to be filed by the petitioner when she surrenders before the learned Magistrate 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 Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say his application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm Crl.M.C.No. 2032 of 2008 3