THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces allegations of having committed the offence punishable under the Kerala Abkari Act. The alleged occurrence had taken place as early as on 22/11/2002. Investigation is pending. The petitioner has not been arrested so far.

(2.) According to the learned counsel for the petitioner, the petitioner is absolutely innocent. He apprehends that if he surrenders before the learned Magistrate and applies for bail, he may be remanded to custody by the learned Magistrate. 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.) I find absolutely no merit in the prayer for issue of directions under Sec.482 of the Cr.P.C. 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).