IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4590 of 2008() -------------------------------------- C.C.NO.181/2001 OF J.F.M.C., ALATHUR. PETITIONER(S): ACCUSED: ----------------------------------------- RAJAN, S/O.MAYANDI, AGED 40 YEARS, THEKKUMCHERRY VEEDU, MUDAPPALLUR, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPREPSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB – R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4590 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 498A I.P.C. He, it is alleged, is guilty of matrimonial cruelty of the culpable variety against his wife. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner had never appeared before the police or the learned Magistrate. Consequently the case against the petitioner has been transferred to the list of long pending cases. Coercive processes have been issued against him by the learned Magistrate to procure his presence. 2. According to the petitioner he is absolutely innocent. He was working outside Kerala. He was not informed of the pendency of the proceedings at all. Having come to know of the pendency of the proceedings, he 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. Crl.M.C.No. 4590 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. 5. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4590 of 2008 3