IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3391 of 2008() ------------------------- CRIME NO.257 OF 2005 OF ANTHIKKAD POLICE STATION PETITIONER: ------------ JAYAN, S/O.SANKARANKUTTY, SANKARANPILLI HOUSE, VADAKUMBRAM PURACKAD, ANTHIKKAD P.O. THRISSUR DISTRICT. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008 ALONG WITH CRMC.NO.3392 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.3391 and 3392 of 2008 ------------------------------------- Dated this the 4th day of September, 2008 ORDER The common petitioner faces indictment in two separate prosecutions, one alleging offences punishable, inter alia, under Section 308 rw/ 149 I.P.C and the other for offences punishable, inter alia, under Section 452 r/w 34 I.P.C. Investigation is complete. Final report has been filed. Committal Proceedings and Calendar Case have been registered against the petitioner. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. 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. Nos.3391 and 3392 of 2008 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. These Crl.M.Cs are, 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, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-