IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2184 of 2008()
1. PRAKASH, S/O.PRABHAKARAN, KANIYAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/06/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.2184 of 2008
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Dated this the 10th day of June 2008
O R D E R
The petitioner faces indictment in a prosecution under the
Kerala Abkari Act. The petitioner was never arrested at any
stage later. 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 against the
petitioner by the learned Magistrate. The petitioner apprehends
imminent arrest in execution of such processes.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. His absence earlier was
not wilful or deliberate. The petitioner is willing to surrender
before the learned Magistrate and seek regular bail. But he
apprehends that his application for bail may not be considered
by the learned Magistrate on merits, in accordance with law and
expeditiously. He, therefore, prays that directions under
Section 482 Cr.P.C. may be issued to the learned Magistrate to
release the petitioner on bail when he appears and applies for
bail.
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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 find absolutely no reason to assume
that the learned Magistrate would not consider the application
for bail to be filed by the petitioner on merits, in accordance with
law and expeditiously. Every court must do the same. No
special or specific directions appear to be necessary. Sufficient
general directions have been issued in Alice George vs. Deputy
Superintendent of Police [2003(1)KLT 339].
4. In the result, this Criminal Miscellaneous Case is
dismissed but with the specific observation that if the petitioner
surrenders 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.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.2184/08 3
Crl.M.C.No.2184/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007