IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4699 of 2008() ----------------------------------- CRIME NO.56/2008 OF EXCISE RANGE, THAMARASSERRY .................................. PETITIONER/ACCUSED: --------------------------------- PATHUMMA, W/O. MOHAMMED KOYA, MARUTHOR KUNNU, KOODATHAYI BAZAR, KOZHIKODE DIST. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------ 1. THE EXCISE INSPECTOR, THAMARASSERY, 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4699 of 2008 ------------------------------------------------- Dated this the 4th day of December, 2008 ORDER The petitioner – a woman, faces allegation under the Kerala Abkari Act in a crime registered by the Excise officials. She was not arrested at the time when the offence was detected and she was apprehended. As there were no lady officials in the detecting party, she was not arrested by the Excise party, it is submitted. 2. Be that as it may, the petitioner has not been arrested yet. She apprehends imminent arrest. She has not sought anticipatory bail from the courts concerned. Instead she has chosen to come before this Court with this application under Sec.482 Cr.P.C. 3. What is the nature of direction that she seeks under Sec.482 Cr.P.C.? The learned counsel for the petitioner Crl.M.C. No. 4699 of 2008 -: 2 :- submits that there may be a direction to release the petitioner on bail when she surrenders before the learned Magistrate and applies for bail. 4. It is for the petitioner to either seek anticipatory bail or in the alternative choose to surrender before the Investigating Officer or the learned Magistrate having jurisdiction. When such application is filed, the learned Magistrate shall have to consider such application on merits, in accordance with law and expeditiously. The matter is at the crime stage. 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 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). 5. 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 Crl.M.C. No. 4699 of 2008 -: 3 :- the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Needless to say such application has to be considered in accordance with the provisions of Sec.437 Cr.P.C. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge