IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 762 of 2008() ---------------------------- CP.373/2007 of J.M.F.C.,KASARAGOD C.R.9/04 OF KUMBALA EXCISE RANGE .................... PETITIONER/ ACCUSED: ------------------------- AGNES D'SOUZA, AGE 4/08, W/O.VALERIAN D'SOUZA, PILIKUDEL HOUSE, KULLOOR VILLAGE, MANJESHWAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY INSPECTOR OF POLICE KUMBLA EXCISE RANGE REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 762 OF 2008 ```````````````````````````````````````````````````` Dated this the 8th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. The alleged incident took place on 1.9.04. It is alleged that the petitioner was found to be in possession of 200 packets of Karnataka arrack each containing 100 ml. The petitioner could not be arrested as the detecting party did not consist of any woman official. Investigation is complete. Final report has been filed. Committal proceedings registered. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Her absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But she BA.762/08 : 2 : apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. She, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when she appears and applies for bail. 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 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 petition is dismissed but with the BA.762/08 : 3 : 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) aks