IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5952 of 2008(H) ------------------------- CRIME NO. 81/02 OF PALAKKAD POLICE STATION SC.297/2006 of ADDITIONAL DISTRICT COURT (ADHOC), PALAKKAD .................... PETITIONER: ------------ GOPALAKRISHNAN, AGED 44 YEARS, S/O.NARAYANAN (LATE), CHOLAKURISSI HOUSE, MANNARKKAD P.O., PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY (HOME) GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, AGALI POLICE STATION, PALAKKAD DISTRICT. BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 5952 of 2008 H - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 JUDGMENT The petitioner is one of the accused, against whom final report was filed alleging commission of the offence under the Kerala Abkari Act. The case was committed to the Court of Sessions. The petitioner had appeared before the committal court and was enlarged on bail. All the other accused - altogether there were three accused persons - appeared before the Sessions Judge. They were tried, found not guilty and acquitted. The case against the petitioner has been split up and re-filed as S.C.297 of 2006. 2. The petitioner was not available in India. The learned Sessions Judge, reckoning the petitioner as an absconding accused, is issuing coercive processes against the petitioner. The petitioner has now come to India on leave. He wants to appear before the learned Sessions Judge and seek regular bail. He also wants to claim discharge. He will have to leave for his place of W.P(C).No. 5952 of 2008 2 employment within a period of three months. The petitioner has now come before this Court with the short prayer that the petitioner may be permitted to surrender and seek regular bail. He may be directed to be released on bail. His prayer for discharge may be directed to be considered within a prescribed time schedule. 3. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge, on merits, in accordance with law and expeditiously. Once the petitioner enters appearance, the petitioner can request the learned Judge to expeditiously consider his plea for discharge under Section 227 Cr.P.C. I need only mention that I expect the learned Sessions Judge to consider such plea as expeditiously as possible, at any rate, before 30.4.2008, on condition that the petitioner appears before the Sessions Court and applies for bail within a period of 10 days from this date. W.P(C).No. 5952 of 2008 3 4. Though there is a claim for quashing of proceedings on the strength of the judgment of acquittal of co-accused, in the light of the decision in Moosa v. S.I. of Police (2006 (1) KLT 552), the said prayer cannot be accepted. 5. This Writ Petition is allowed in part. The petitioner shall appear before the learned Sessions Judge within a period of 10 days from this date along with a copy of this judgment. His application for regular bail must be considered by the learned Judge on merits, in accordance with law and expeditiously - on the date of surrender itself. If he so appears and claims discharge, the learned Judge must consider such prayer for discharge as expeditiously as possible, at any rate by 30.4.2008. (R. BASANT) Judge tm