IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2628 of 2008()
1. UDAYAKUMAR, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2008
O R D E R
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