IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MARCH 2007 / 7TH CHAITHRA 1929 Crl.MC.No. 1003 of 2007() ------------------------- C.C.NO.276/97 OF THE J.F.C.M-I, PALAKKAD NOW PENDING AS L.P.12/99 ................. PETITIONER: ACCUSED -------------------- KANNAN, S/O. MAYAN, AGED 40 YEARS, PERUMKULANGARA, KANNANUR, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.1003 of 2007 ------------------------------------- Dated this the 28th day of March, 2007 ORDER The petitioner faces indictment in a prosecution, inter alia, under Sections 342 & 506 (1) read with 149 I.P.C. The petitioner is the 1st accused. The co-accused have already been tried, found not guilty and acquitted. The petitioner was not available for trial. The case against him has now been split up and transferred to the list of Long Pending Cases. The petitioner is willing to appear before the learned Magistrate. A warrant of arrest issued by the learned Magistrate is chasing him. 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 a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 2. 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. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. I have no reason to assume that the learned Magistrate would not consider Crl.M.C.No.1003 of 2007 2 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. This Crl.M.C is, in these circumstances, 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 and expeditiously - on the date of surrender itself. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-