IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2920 of 2008() ------------------------- PETITIONER: ------------ OLAKKARAN SUBASH, AGED 30 YEARS, S/O. CHURAKKAT NARAYANAN, VADAKKUMBAD, RAMANTHALI, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- STATE - REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/7/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2920 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 IPC. The crime was registered on 4/3/00. Cognizance has been taken in 2003. Committal proceedings has been registered against the petitioner. The petitioner was employed abroad. He was enlarged on bail at the crime stage. Later, he went abroad in connection with his employment and was not able to appear before the learned Magistrate. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 2920 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2920 of 2008 -: 3 :- 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. 5. The learned counsel for the petitioner submits and a wedding invitation has been produced as Annexure-AVI in support of that assertion that the petitioner's marriage is scheduled to take place on the 3rd August, 2008. The petitioner shall appear before the learned Magistrate on any dates specified; but his arrest and detention before such date may not be permitted to happen, submits the learned counsel for the petitioner. 6. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 8/8/2008. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2920 of 2008 -: 4 :-