IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4899 of 2008() ------------------------- CP.138/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): --------------- SASINDRA BABU S/O.VELUPPILLAI, SANDHYA BHAVANAM, MUNDAKKAL WEST WARD,KOLLAM-1. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT --------------- THE STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE,ANCHALUMMOODU POLICE STATION REP. BY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4899 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioner faces indictment in a prosecution under Section 306 I.P.C. Investigation is complete. Final report has already been filed. Committal Proceedings NO.138 of 2003 was registered before the Judicial Magistrate of the First Class-I, Kollam. 2. The petitioner in 2004 came to this Court with Crl.M.C.No.531 of 2004 to quash the proceedings. That Crl.M.C was ultimately disposed of by order dated 02.08.07. It was dismissed with the observation that the petitioner can advance his plea for discharge before the trial court. Though more than one year has elapsed from the date of that order, the petitioner has not so far appeared before the learned Magistrate. Instead, he has come back to this Court with this petition under Section 482 Cr.P.C for issue of directions. 3. What is the nature of the directions to be issued under Section 482 Cr.P.C ? The learned counsel for the petitioner submits that there may be a direction for expeditious consideration of the application for regular bail if and when the Crl.M.C. No.4899 of 2008 2 petitioner appears before the learned Magistrate and makes such application. 4. I am afraid that no special or specific directions deserve to be issued. 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. I have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits, in accordance with law 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) rtr/-