IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3082 of 2008() ------------------------- C.C.NO.1/06 OF THE JFCM COURT, RANNI. PETITIONER: 4TH ACCUSED: ------------------------ AFSAL BASHEER, S/O.T.H.BASHEERKUTTY, MEPRATHU VEETTIL, THRIKKOMALA, ANGADI VILLAGE. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AYUB KHAN, S/O.THAMPI, MELEVEETTIL, THRIKKOMALA, ANGADI VILLAGE, RANNI TALUK. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3082 of 2008 ------------------------------------------------- Dated this the 14th day of August, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.324 IPC. The same is a private complaint filed against the petitioner and others by the 2nd respondent herein. The petitioner has not entered appearance so far even though cognizance is taken as early as in 2006 as is seen from the number assigned to the case. Coercive processes have been issued against the petitioner by the learned Magistrate reckoning him as an absconding accused. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. Though several reliefs are claimed in this Crl.M.C., the learned counsel for the petitioner, at the stage of Crl.M.C. No. 3082 of 2008 -: 2 :- arguments, submits that the petitioner 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 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 Crl.M.C. No. 3082 of 2008 -: 3 :- 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. 5. The learned counsel for the petitioner submits that great prejudice and hardship would result if the personal appearance of the petitioner were insisted on all dates of posting. It is for the petitioner to appear first and then claim exemption from personal appearance. If any such application is filed, needless to say, the learned Magistrate must consider the same in accordance with law and expeditiously. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3082 of 2008 -: 4 :-