IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 253 of 2009() ------------------------ CC.250/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD L.P.C.NO.84/07 F C.J.M, KASARGODE .................... PETITIONER(S): ACCUSED ---------------------- BALAN,S/O.KUNHIRAMAN, NEAR GOPALAKRISHNA HIGH SCHOOL, KUDLU, P.O. RAMDAS NAGAR, KASARAGOD. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.253 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 153 A r/w 149 I.P.C. Investigation is complete. Final report was filed. Cognizance was taken. The petitioner was not available for trial. The available co-accused were tried, found not guilty and acquitted. The case against the petitioner has been split up and re-filed. Consequent to non availability of the petitioner, the same has been transferred to the list of Long Pending Cases. Coercive processes issued by the learned Magistrate are chasing the petitioner. The petitioner apprehends imminent arrest. 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.253 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. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-