IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Crl.MC.No. 2826 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN CC 513/2007,LPC 121/07 IN CC.499/2002 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO.705/2000 OF THE KASARAGOD POLICE STATION .................... PETITIONER: ------------ P.G.H.ABDUL LATHEEF, AGE 25/08, S/O LATE P.G.H.HASSAN, MOGARAL PUTHUR, KASARGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- STATE OF KERLA, REPRESENTED BY INSPECTOR OF POLICE, KUMBLA EXCISE RANGE REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2826 of 2008 ------------------------------------------------- Dated this the 25th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.153A IPC. The crime was registered in 2000. Investigation is complete. Final report was filed. Cognizance was taken in 2002. The co-accused have already been tried and were acquitted. The learned counsel for the petitioner submits that the petitioner was arrested and enlarged on bail at the crime stage. The petitioner has not entered appearance. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 2826 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2826 of 2008 -: 3 :- 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. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/