IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4235 of 2008()
1. GIRIJA, AGED 60 YEARS, W/O. NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 4235 of 2008
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Dated this the 7th day of November, 2008
ORDER
The petitioner – a woman, faces allegations in a crime
registered alleging commission of the offence punishable
under Sec.55(a) of the Kerala Abkari Act. Investigation is in
progress. The petitioner has not been arrested. The
petitioner has not sought anticipatory bail from any court, it is
submitted. The petitioner, in these circumstances, wants to
surrender before the learned Magistrate and seek regular bail.
The petitioner apprehends that his application for regular bail
may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. It is, in these
circumstances, that the petitioner has come to this Court for a
direction to the learned Magistrate to release him on bail when
he appears before the learned Magistrate.
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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
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