IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Crl.MC.No. 341 of 2009() ------------------------------------------- (ST.NO.3081/05 OF JUDICIAL 1ST CLASS MAGISTRATE II, ALUVA) PETITIONER(S): ACCUSED: ------------------------------------------- FAISAL. T, S/O.ABDULLA, INSANE). REP. BY HIS FATHER ABDULLA, AASARINTAVIDA, MUTTUNGAL WEST, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- STATE REP. 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 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.341 of 2009 ---------------------------------------- Dated this the 22nd day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. Cognizance has already been taken as early as in 2005. The petitioner has not entered appearance. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the Crl.M.C.No. 341/09 2 circumstances under which he could not earlier appear before the learned Magistrate. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders 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. The petitioner has another contention also. According to him, he is not fit to stand trial. He wants to advance that contention before the learned Magistrate. He wants the learned Magistrate to take appropriate action to ascertain his fitness to stand trial. When the petitioner appears before the learned Magistrate, he can raise such plea and produce all materials in his possession in support of that plea. Thereupon, the learned Crl.M.C.No. 341/09 3 Magistrate undoubtedly will have to consider whether the petitioner is fit to stand trial. Appropriate steps in accordance with law will of course have to be taken by the learned Magistrate depending on his conclusion. 6. The learned counsel for the petitioner prays that in the peculiar facts and circumstances of this case, there may be a direction that the coercive processes issued against the petitioner should not be executed till a specified date, on or before which date, the petitioner, allegedly a mentally ill person shall surrender before the learned Magistrate and seek regular bail. 7. In the peculiar facts and circumstances of this case,I find such a direction can be issued to ensure expeditious appearance of the petitioner before the learned Magistrate. Hence there shall be a direction that the coercive processes issued against the petitioner shall not be executed till 31/01/2009. On or before that date, the petitioner must surrender before the learned Magistrate and seek regular bail. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) Crl.M.C.No. 341/09 4 jsr Crl.M.C.No. 341/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008