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2025 Supreme(Online)(Ker) 55710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
RAJENDRALAL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10733 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.AKHIL SUSEENDRAN
For the Respondents: SR.PP.SMT.SEETHA S

The court emphasized the right to a timely bail hearing after surrender and the importance of judicial efficiency.

Headnote:This judgment pertains to a Criminal Miscellaneous Case seeking to quash a final report under Section 55(i) of the Abkari Act. The petitioner sought the court's directive for a timely bail hearing upon surrender. The court allowed the petitioner to surrender and ordered the trial court to consider bail applications promptly. The core issue revolved around the procedural rights of the accused and the statute's applicability. The petitioner was directed to file for bail and ensure hearing without delay, emphasizing efficient judicial processes.

Table of Content
1. regulatory compliance under the abkari act. (Para 1)
2. request for expedited bail hearing. (Para 2)
3. court's directive for bail application handling. (Para 3)

O R D E R

The Criminal Miscellaneous Case is filed to quash Annexure A1 final report and all further proceedings in Crime No.132 of 2024 registered by the Chirayinkeezhu Excise Range Office, Thiruvananthapuram, alleging the commission of the offence punishable under Section 55 (i)

of the Abkari Act , 1077.

2. When the Crl.M.C. was taken up for consideration today, the learned counsel for the petitioner submits that the petitioner would be satisfied if this Court directs the Court of the Judicial Magistrate of First Class, Varkala (Trial Court), to consider the petitioner's application for bail on the very same day he surrenders before the said court.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

On a consideration of the facts, the materials on record and the limited relief now sought for, without expressing anything on the merits of the Crl.M.C., I dispose of this Crl.M.C., by permitting the petitioner to surrender before the Trial Court within two weeks from today and file applications to recall the warrant issued against him and to enlarge him on bail, after serving advance copies on the learned Public Prosecutor. If such applications are filed, within the stipulated time period, the Trial Court is directed to consider and dispose of the applications, in accordance with law, preferably on the very same date the petitioner surrenders before the Trial Court.

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