IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 132 of 2009() ----------------------------- LP.198/2006 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.168/2003 OF PUNALUR POLICE STATION. .................... PETITIONER(S): 2ND ACCUSED -------------------------- AJAYAKUMAR @ AJAYAN AGED 39 YEARS, S/O.REGHUNATHAN NAIR, RESIDING AT A.S.VILLA, VENCHEMBU MURI, KARAVALOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------------ THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.132 of 2009 ------------------------------------- Dated this the 9th day of January, 2009 ORDER Petitioner faces indictment in a prosecution for the offence punishable under the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Altogether there are 2 accused. The co-accused have already been faced trial and have been found not guilty and acquitted. The petitioner has not been arrested at the crime stage or thereafter. The petitioner has not entered appearance so far. The case against him has been transferred to the list of Long Pending Cases. Reckoning the petitioner as an absconding accused, the learned Magistrate has issued coercive processes against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. No.132 of 2009 2 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 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]. 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, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-