IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.MC.No. 495 of 2009() ------------------------ CC.182/2002 NOW PENDING AS C.C.NO.127/05 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR CRIME NO.356/01 OF THE KANNUR TOWN POLICE STATION. .................... PETITIONER(S): --------------- K.P.ASHRAF, KURIDILEPURAYIL HOME KOYIPRA-VELLORA AMSOM, KOYIPRAM DESOM TALIPARAMBA. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THE SUB INSPECTOR OF POLICE,KANNUR TOWN POLICE STATION. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 495 of 2009 ------------------------------------------------- Dated this the 3rd day of February, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable under Secs.379 and 411 read with Sec.34 IPC. He faces indictment as the 3rd accused. The petitioner was arrested and enlarged on bail. Final report was filed. Cognizance was taken. The petitioner, it is submitted, had appeared before court and was enlarged on bail. But later, on account of compulsions of his employment abroad, he could not appear before the learned Magistrate. Consequently, reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. Crl.M.C. No. 495 of 2009 -: 2 :- 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 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). 4. In the result, this Crl.M.C. is dismissed; but with the Crl.M.C. No. 495 of 2009 -: 3 :- observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/