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2008 Supreme(Online)(KER) 31076

HIGH COURT OF KERALA
R.BASANT, J
SHAJI – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The petitioner faces indictment in a prosecution under the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Committal proceedings has been registered against the petitioner. The petitioner has not appeared before the learned Magistrate. He has not been arrested so far at any earlier stage. Reckoning the petitioner as an absconding accused, the learned Magistrate has issued coercive processes against the petitioner. Such processes are chasing the petitioner. The petitioner apprehends imminent arrest.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. 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

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