SURA ALIAS SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces allegations under the Kerala Abkari Act. Investigation is complete. Cognizance has been taken by the learned Magistrate. The case stands registered as a committal proceedings (C.P.No.44/2006 before the J.F.C.M, Vadakkancheri).

(2.) A warrant of arrest is pending against the petitioner. The petitioner has come to this court, in these circumstances, with the prayer that directions under Section 482 Cr.P.C may be issued in his favour calling upon the learned Magistrate to release the petitioner on bail when he appears and applies for bail before the learned Magistrate.

(3.) It is for the petitioner to appear before the learned Magistrate and seek regular bail. I find absolutely no reason to assume that the learned Magistrate would not consider the application for regular bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. The mere fact that the offence is triable exclusively by a Court of Sessions will not absolve the learned Magistrate of his duty to consider the application for bail on merits.