SUNIL MUTHUSWAMY PANIKKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Sec.55(a) of the Kerala Abkari Act. The alleged incident occurred on 5/7/96. ,The petitioner was not available for arrest and the case against him is now transferred to the list of Long Pending Cases as L.P.No.26/98.

(2.) 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).