IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3394 of 2008()
1. CHANDU, S/O.KELU, CHULLIYODU HOUSE,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.S.M.PRASANTH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/09/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.3394 of 2008
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Dated this the 4th day of September, 2008
ORDER
Petitioner faces indictment in a prosecution for the offence
punishable under the Kerala Abkari Act. Investigation is
complete. Final report has already been filed. Cognizance has
been taken. Committal Proceedings has been registered. The
petitioner was not arrested at the crime stage or thereafter. He
has not entered appearance before the learned Magistrate so far.
2. Reckoning the petitioner as an absconding accused,
coercive processes have been issued against the petitioner by
the learned Magistrate. The petitioner apprehends imminent
arrest.
3. 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.
Crl.M.C. No.3394 of 2008 2
3. 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 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, in
accordance with law 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].
(R.BASANT, JUDGE)
rtr/-
