IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1848 of 2007()
1. VIJAYAMMA, W/O. LATE VIJAYAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/06/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.1848 of 2007
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Dated this the 8th day of June, 2007
ORDER
Petitioner faces indictment in a prosecution under the provisions
of the Kerala Abkari Act. His anticipatory bail application was
rejected. He could not appear before the learned Magistrate. Final
report has now been filed. The petitioner wants to appear before the
learned Magistrate now. According to him, he is innocent. He further
submits that his inability to appear earlier before the learned
Magistrate was on account of reasons beyond his control.
2. The petitioner is willing to surrender before the learned
Magistrate and apply for bail, but he apprehends that this application
for bail may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. He therefore prays that a
direction may be issued under Section 482 Cr.P.C to the learned
Magistrate to release him on bail when he appears and applies for
bail.
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. The learned Magistrate must consider such application
for bail on merits, in accordance with law and expeditiously. I have
Crl.M.C.No.1848 of 2007 2
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 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 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)
rtr/-