IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2519 of 2008() ------------------------- O.R.NO.23/08 OF PATHANAMTHITTA EXCISE RANGE. PETITIONER: ACCUSED ------------------- RAJESH, S/O.E.R.RAJAN, ELAPPIL HOUSE, ELAVUNTHITA,MEZHUVELI. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PATHANAMTHITTA RANGE. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2519 of 2008 ------------------------------------------------- Dated this the 7th day of July, 2008 ORDER The petitioner faces indictment as 2nd accused in a prosecution under Sec.8(2) of the Kerala Abkari Act. Investigation is pending even now, it is submitted. The 1st accused was allegedly intercepted with contraband liquor in his possession. His interrogation allegedly revealed to the police the complicity and involvement of the petitioner. The petitioner has now been arrayed as an accused. He is being proceeded against. The petitioner has not applied for anticipatory bail; but submits that he shall co-operate with the Investigator by surrendering before the Investigating Officer or the learned Magistrate. But he apprehends that though he is absolutely innocent, he may be remanded to custody and his application for bail may not be considered on merits, in accordance with law and expeditiously. He hence prays that Crl.M.C. No. 2519 of 2008 -: 2 :- appropriate directions may be issued under Sec.482 of the Cr.P.C. 2. 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 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). 3. 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 must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge