IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.MC.No. 2843 of 2008() ------------------------- CC.684/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: ------------ NOUSHAD.K., AGED 30 YEARS, S/O.K.ABDUL RAHIMAN, KHADEEJA MANZIL, KOOVVAPPURAM, KUNHIMANGALAM. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NEELUFAR MOHEY, AGED 23 YEARS D/O.T.MOIDU HAJI, NEELUFAR MOHAL, NEAR R.C.CHURCH, MADAYI.PO. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2843 of 2008 ------------------------------------------------- Dated this the 28th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.498A IPC. The learned counsel for the petitioner is not able to specify whether cognizance has been taken on the basis of a private complaint or on a police report. The petitioner has not entered appearance so far. The learned Magistrate has hence issued coercive processes against the petitioner to secure the presence of the petitioner. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such precesses. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner Crl.M.C. No. 2843 of 2008 -: 2 :- 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 the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 2843 of 2008 -: 3 :- 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/