IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.MC.No. 2134 of 2008() ------------------------- AGAINST THE ORDER IN LP.18/2008 IN CC.1378/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED: -------------------- RANJITH BOSE, AGED 31 YEARS, S/O.K.K.BOSE, KOTTAPPURAM HOUSE, PANAYALI KARA, KALADI VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.C.T.JESTIN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2008, A/W. CRMC 2135 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2134, 2135, 2137, 2138, 2139 & 2140 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2008 O R D E R The petitioner in these cases faces indictment in six different prosecutions, all under Section 138 of the N.I. Act and all initiated by the same complainant. Though the cases have been pending for a long period of time and some of the cases have been transferred to the list of long pending cases, the petitioner has not entered appearance at all. Consequently coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate 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. The petitioner was not available in India and is working abroad. He is now 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. Crl.M.C.No. 2134/08 & connected cases 2 3. It is certainly 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 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) tm Judge Crl.M.C.No. 2134/08 & connected cases 3