IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2481 of 2008() ------------------------- CC.1401/2005 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,PERUMBAVOOR .................... PETITIONER/ACCUSED: ---------------------------------- T.K. ALIKUTTY, S/O. MUHAMMED HAJI THONI KADAVATH HOUSE, ADAVANAD P.O. THIRUNAVAYA, MALAPPURAM DIST. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: ----------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2481 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R The petitioner faces indictment in a prosecution under Sections 138 of the N.I. Act. The petitioner had entered appearance before the court which took cognizance. He was enlarged on bail. But later it is alleged that the case was transferred to the J.F.M.C.-II, Perinthalmanna without notice to the petitioner and as he was absent on the date of posting, coercive processes have been issued against him by the learned Magistrate. He finds such processes chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 2481 of 2008 2 circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm