IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3419 of 2008() ------------------------------------- (C.C.NO.114 OF 2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR) (CRIME NO.2/05 OF MATTANNUR POLICE STATION) PETITIONER: -------------------- CHERUVATTY MOIDEEN, S/O.ASSAINAR, AGED 36 YEARS, LABOURER, KOLARI AMSOM DESOM, MATTANNUR, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3419 of 2008 ------------------------------------------------- Dated this the 5th day of September, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.379 IPC. The co-accused has already been tried, found not guilty and acquitted. The petitioner was not available for trial. The case against him has been split up. Coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. 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. 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 Crl.M.C. No. 3419 of 2008 -: 2 :- 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 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. Crl.M.C. No. 3419 of 2008 -: 3 :- 5. There is an interesting further prayer that there may be a direction to dispose of the case immediately. The petitioner must first appear before the learned Magistrate and secure bail. Thereafter, he can certainly apply to the learned Magistrate for an expeditious disposal of his case. On such application, appropriate orders must be passed by the learned Magistrate. No further directions appear to be necessary. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3419 of 2008 -: 4 :-