IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3306 of 2008()
1. UNNIKUTTAN, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3306 of 2008
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Dated this the 1st day of September, 2008
O R D E R
The petitioner faces indictment in a prosecution for the
offence punishable under the Kerala Abkari Act. The petitioner
was not arrested at the crime stage. Cognizance was taken after
completion of the investigation on the basis of the final report
submitted by the police. The learned Magistrate took cognizance
of the offence and issued a summons to the petitioner. He has to
appear before the learned Magistrate on 24.9.2008. He
apprehends that when he surrenders before the learned
Magistrate, the learned Magistrate may not grant him bail as he
has not been enlarged on bail earlier and is likely to remand him
to custody. The petitioner, in these circumstances, prays that the
learned Magistrate may be directed to consider his application for
regular bail on merits, in accordance with law and expeditiously.
2. I am satisfied that no special or specific direction need
be issued. Sufficient general directions have already been issued
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by this Court in the decisions in Alice George v. Dy.S.P. of Police
(2003 (1) KLT 339), Sukumari v. State of Kerala (2001 (1) KLT 22)
and Muhammed Basheer v. State of Kerala (2008 (3) KHC 646). I
have no reason to assume that the learned Magistrate will not apply the
principles in the above precedents and shall not consider the bail
application in accordance with law.
3. This application is accordingly dismissed. I may however
hasten to observe 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 orders on merits, in accordance with law and
expeditiously – on the date of surrender itself, in the light of the
decisions referred above.
4. Eventhough a contention is raised in this Crl.M.C. that the
proceedings are liable to be quashed against the petitioner, at the stage
of arguments only the earlier relief is pressed. I make it clear as
requested by the counsel that this Crl.M.C. is dismissed without
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prejudice to the right of the petitioner to raise his contentions at the
appropriate stages that charges are not liable to be framed against him.
(R. BASANT)
Judge
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