IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2628 of 2008() ------------------------- CP.113/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ UDAYAKUMAR, AGED 36 YEARS, S/O.PANKAJAKSHAN NAIR,KALLETHU HOUSE, PRAKKANAM, CHENNERKARA VILLAGE, KOZHANCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.R.RANJITH RESPONDENTS: RESPONDENT/STATE/COMPLAINANT ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2628 of 2008 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Kerala Abkari Act. Investigation is complete. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. According to the petitioner, he was not arrested at any prior point of time. After taking cognizance, the petitioner has received summons. He is to appear before the learned Magistrate on 14/7/2008. The petitioner is willing to appear before the learned Magistrate; 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. 2. I take note of the fact that the learned Magistrate has already exercised his jurisdiction under Section 204 Cr.P.C to issue a summons and not a warrant. I must assume that the Crl.M.C.No.2628/08 2 learned Magistrate had advisedly used this discretion and has chosen to issue only a summons. I find that the apprehension of the petitioner is absolutely baseless. His application for bail will have to be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. 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]. Needless to say, his application must be considered in the light of Sukumari v. State of Kerala [2001(1)KLT 22]) and in the light of the fact that he has chosen to issue only a summons and not a warrant under Section 204 Cr.P.C. 3. This petition is in these circumstances dismissed but with the above specific direction. (R.BASANT, JUDGE) jsr Crl.M.C.No.2628/08 3 Crl.M.C.No.2628/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008