IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 2063 of 2008() ------------------------- CRIME NO. 215/02 OF MUSEUM POLICE STATION, TRIVANDRUM C.C.86/07 OF J.F.C.M. COURT, TRIVANDRUM PETITIONER: 9TH ACCUSED ----------------------- ROBIN THOMAS, S/O.THOMAS, MANGALATHU VEEDU, NEAR HOLY CHEYILS ENGLISH MEDIUM BY ADV. SRI.ANTONY KUREETHARA RESPONDENTS: ------------- 1. S.I. OF POLICE, MUSEUM POLICE STATION, THIURUVANANTHAPURAM 2. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2063 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008 O R D E R The petitioner, along with the co-accused, faces indictment in a prosecution for offences punishable, inter alia, under Sections 323 and 506 r/w. 149 I.P.C. He was the 9th accused. He was not available for trial. The case against him was split up. The petitioner has not entered appearance so far. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 2063 of 2008 2 3. It is certainly 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 Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm Crl.M.C.No. 2063 of 2008 3