IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4884 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN IN LP 13/2007 IN CC.728/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): --------------- PRASANTH, S/O.SURENDRA BABU, THRIVENIYIL VEEDU, KATTAYIKONAM DESOM,, AYIROOPPARA VILLAGE. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENT(S): --------------- STATE OF KERALA,REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4884 of 2008 ------------------------------------------------- Dated this the 17th day of December, 2008 ORDER The petitioner faces indictment as the 2nd accused in a prosecution for offences punishable under Secs.341 and 323 read with Sec.34 IPC. Altogether, there were 3 accused persons. Final report was filed. Cognizance was taken. The petitioner was not available for trial. The co-accused who faced trial were found not guilty and acquitted. The case against the petitioner was split up and re-filed. As the petitioner could not be apprehended, the same has been transferred to the list of Long Pending Cases. Coercive processes issued by the learned Magistrate are chasing the petitioner now. All offences alleged are bailable. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, Crl.M.C. No. 4884 of 2008 -: 2 :- 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 observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No. 4884 of 2008 -: 3 :- 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. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/