IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2261 of 2008()
1. ARUN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/06/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2261 of 2008
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Dated this the 17th day of June, 2008
ORDER
Petitioner faces indictment in a prosecution under the Kerala
Abkari Act. The petitioner has not been arrested so far.
Investigation is complete. Final report has already been filed.
Cognizance has been taken. Committal proceedings has been
registered. Reckoning the petitioner as an absconding accused,
coercive processes have been issued. The petitioner apprehends
imminent arrest.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing to
surrender before the learned Magistrate and apply for bail. But
he 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 therefore prayed that directions
under Section 482 Cr.P.C may be issued in favour of the
petitioner.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the
Crl.M.C. No.2261 of 2008 2
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 such application on merits, in
accordance with law and expeditiously. Every court must do the
same. No special or specific direction appears to be necessary.
Sufficient general directions have already been issued in Alice
George v. The Deputy Superintendent of Police [2003(1)
KLT 339].
4. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation that if the petitioner appears before
the learned Magistrate and applies for 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 – on the date of surrender itself in the light of
the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22].
5. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-