High Court Kerala High Court

Ragini vs State Of Kerala on 3 October, 2008

Kerala High Court
Ragini vs State Of Kerala on 3 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3699 of 2008()



1. RAGINI
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.PREMCHAND R.NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :03/10/2008

 O R D E R
                            R. BASANT, J.
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                  Crl.M.C.No. 3699 of 2008
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            Dated this the 3rd day of October, 2008

                               O R D E R

The petitioner, a woman, faces indictment in a prosecution

under the provisions of the Kerala Abkari Act. Final report has

already been filed. Cognizance has been taken by the learned

Magistrate. Committal proceedings has been registered. The

petitioner was not arrested at the time of detection of the offence

on the alleged reason that there were no woman official in the

team which detected the offence. Petitioner is willing to

surrender before the learned Magistrate and seek bail. But she

apprehends that her application may not be considered by the

learned Magistrate on merits, in accordance with law and

expeditiously. She has now come to this Court with this petition

under Section 482 Cr.P.C. with a prayer that direction may be

issued to ensure that the dictum in Alice George v. Dy.S.P. of

Police (2003 (1) KLT 339) and Sukumari v. State of Kerala

(2001 (1) KLT 22) is complied with and that the petitioner’s

Crl.M.C.No. 3699 of 2008
2

application for regular bail is considered on merits, in accordance with

law and expeditiously – on the date of surrender itself.

2. I am not persuaded to agree that any special or specific

direction deserves to be issued. Sufficient general directions have

already been issued by this Court in the decisions cited supra. I am

not satisfied that any special or separate direction deserves to be issued

in each case to the learned Magistrate to comply with the directions

already issued. I have no reason to assume that the learned Magistrate

shall not follow the decisions in Alice George and Sukumar (supra).

If there be non-compliance, the avenues of challenge/complaint are

available to the petitioner.

4. This application is dismissed, but with the above specific

observations.

(R. BASANT)
Judge
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