IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1897 of 2007()
1. A.R.JALALUDEEN.S/O.ABDUL RAHMAN,
... Petitioner
Vs
1. EXCISE INSPECTOR,EXCISE RANGE OFFICE,
... Respondent
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/06/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.1897 of 2007
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Dated this the 12th day of June 2007
O R D E R
The petitioner faces allegations under the provisions of the
Kerala Abkari Act. He was not available for arrest and was not
arrested. Apprehending arrest, he came before this court and
another Bench of this court, as per order dated 09/08/2006 ( a
copy of which order is produced as Annexure I) directed the
petitioner to appear before the learned Magistrate on 16/8/2006
at 11 a.m. Further directions were issued to the learned
Magistrate regarding disposal of the bail application. The
petitioner did not appear before the learned Magistrate, as
directed. He now submits that he is willing to surrender before
the learned Magistrate. His absence earlier was not willful and
was on account of reasons beyond his control. In these
circumstances, an order may be passed extending time and
issuing identical directions, as in Annexure 1, to the learned
Magistrate.
Crl.M.C.No.1897/07 2
2. The petitioner did not avail of the opportunity which
was given to him by this court in Annexure 1 order. That, of
course, does not mean that the petitioner cannot now approach
the learned Magistrate afresh. I need only mention that it is for
the petitioner to surrender before the learned Magistrate and
apply for bail. The learned Magistrate must proceed to pass
appropriate orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
3. With the above observations, this Criminal
Miscellaneous Case is dismissed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007