IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 901 of 2008() ---------------------------- CP.272/2007 of J.M.F.C.,KASARAGOD CR.NO.37/2006 OF KUMBLA EXCISE RANGE .................... : PETITITONER/ACCUSED ------------------------------------ SOUMINI, AGED 48 YEARS D/O. KOGGU, MANIVALAPPU, BANDIYOD KASARGOD TALUK, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: STATE ------------------ EXCISE INSPECTOR, KUMBLA EXCISE RANGE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,.ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.901 of 2008 ---------------------------------------- Dated this the 15th day of February 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to keep 60x100 ml of arrack on 29/10/2006. Investigation is now complete. Final report has already been filed. Committal proceedings has been registered. Reckoning the petitioner as absconding accused, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner now. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. 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 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. B.A.No.901/08 2 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 bail application is dismissed but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr B.A.No.901/08 3 B.A.No.901/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007