IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Crl.MC.No. 2076 of 2008() ------------------------- CRIME NO. 105/04 OF KALAMASSERY POLICE STATION CP.18/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: ACCUSED NO.1 ------------------------ SAJEEV, S/O.MURALEEDHARAN AGED 30 YEARS MECHANIC, CHERUKADU HOUSE, EDAPPALLY PO., PADIVATTOM KARA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REP. BY S.I.OF POLICE KALAMASSERY POLICE STATION BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2076 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 397 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner was enlarged on bail at the crime stage, but subsequently he has not entered appearance. 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. 2076 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. Needless to say his Crl.M.C.No. 2076 of 2008 3 application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm