IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 83 of 2009() --------------------------------- CC.237/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ACCUSED ----------------------- A.SALIM, R/O.SORTING ASSISTANT SUB RECORD OFFICE, ALAPPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.83 of 2009 ------------------------------------- Dated this the 8th day of January, 2009 ORDER Petitioner faces indictment in a prosecution for offences punishable inter alia under Section 304 A I.P.C. He was arrested and enlarged on bail at the crime stage. According to him, he had not received summons or process from the court. He was blissfully unaware of the pendency of any proceedings against him. But now he understands that reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. He apprehends that his application for regular bail may not be considered on merits, in accordance with law and expeditiously and that reckoning him as an absconding accused, he may not be granted bail. The petitioner prays that appropriate directions may be issued. 2. 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 Crl.M.C. No.83 of 2009 2 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]. 3. 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 and expeditiously - on the date of surrender itself. 4. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioner by the learned Magistrate shall not be executed by till 17.01.09. On or before that date, the petitioner must appear before the learned Magistrate and seek regular bail. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-