IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2612 of 2008() ------------------------- CRIME NO.347/2001 OF OLLUR POLICE STATION PETITIONER: 2ND ACCUSED ----------------------- N.V. KURIAN, S/O. VARGHESE, NADUVILAMULLATH VEEDU, KALLUR ROAD, KANAYANOOR TALUK, ERNAKULAM. BY ADV. SRI.T.A.SHAJI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REP. THE S.I OF POLICE OLLUR POLICE STATION) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2612 of 2008 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner faces indictment in a prosecution for the offences punishable under Section 411 read with 34 I.P.C. He is the second accused in the case. According to the petitioner, he was not arrested in the course of investigation. He had never received any summons, notice or memo from the court to appear. But unfortunately reckoning him as an absconding accused, coercive processes have been issued by the learned Magistrate against the petitioner. Such processes are chasing the petitioner and the petitioner apprehends imminent arrest in execution of such processes. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Crl.M.C.No.2612/08 2 Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No.2612/08 3 5. The learned counsel for the petitioner has a further grievance that the charges against him would not lie and that the proceedings are liable to be quashed. I am satisfied that the petitioner can claim premature termination if he is entitled for the same before the learned Magistrate. If the petitioner stakes a claim for discharge under Section 239 Cr.P.C, needless to say, the learned Magistrate must expeditiously consider the same and take appropriate decision in the matter. (R.BASANT, JUDGE) jsr Crl.M.C.No.2612/08 4 Crl.M.C.No.2612/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008