IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2964 of 2008()
1. K.P.MUHAMMED,S/O.HASSAN HAJI
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No.2964 of 2008
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Dated this the 6th day of August, 2008
ORDER
The petitioner faces indictment in a prosecution for
offences punishable under Sec.55(a) of the Kerala Abkari Act.
The prosecution is pending before the learned Judicial First
Class Magistrate, Thalassery, as Calendar Case. The petitioner
is only the owner of the vehicle. He was away in a Gulf
country in connection with his employment. He was not
arrested at the crime stage. He has not received any notice or
processes of the court after cognizance was taken. Reckoning
the petitioner as an absconding accused, coercive processes
have been issued against the petitioner. The petitioner finds
such processes chasing him now. The petitioner apprehends
imminent arrest.
2. According to the petitioner, he is absolutely innocent.
Crl.M.C. No.2964 of 2008 -: 2 :-
His absence earlier was not wilful or deliberate. 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.
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 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).
4. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Crl.M.C. No.2964 of 2008 -: 3 :-
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 – on the date of surrender itself.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R. BASANT, JUDGE)
Nan/
