IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.MC.No. 2211 of 2008() ------------------------- CC.369/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: ACCUSED ------------------- JINU, S/O.BALAN, VARAMPURATHANATH HOUSE, ATHIRUNKAL, KOODAL MURI, KOODAL BY ADV. SRI. K.SHAJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2211 of 2008 ------------------------------------------------- Dated this the 12th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.324 read with Sec.149 of the IPC. The co-accused have all been tried found not guilty and acquitted. As the petitioner - 3rd accused, was not available for trial, the case against him has been split up and re-filed. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 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 Crl.M.C. No. 2211 of 2008 -: 2 :- 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 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. Sd/- Nan/ (R. BASANT, JUDGE) //true copy// P.S. to Judge