IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 365 of 2009() ------------------------ CRIME NO. 290/08 OF POOYAPPALLY POLICE STATION CP.167/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER/A1: --------------- SALIM LAL, S/O. VISWANATHA, AGED 43 YEARS PUTHENVILA VEEDU, ODANAVATTOM MURI ODANAVATTOM VILLAGE, KOTTARAKKARA KOLLAM DIST. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, 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 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 365 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 333 r/w. 34 I.P.C. He is the first accused. According to him he is absolutely innocent. The petitioner was not arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The learned Magistrate has issued summons under Section 204 Cr.P.C. against the petitioner. He is willing to appear before the learned Magistrate. But he apprehends that when he appears in response to the summons issued, the learned Magistrate may not consider his application on merits, in accordance with law and expeditiously, The fact that the offence alleged is a sessions case may persuade the learned Judge, notwithstanding the fact that he has initially issued a summons only under Section 204 Cr.P.C., to remand the petitioner to custody. Crl.M.C.No. 365 of 2009 2 2. I find no merit whatsoever in the apprehension of the petitioner. Only a summons has been issued to the petitioner and in tune with the decision in Sreekumar v. State of Kerala (2008 (3) KLT 748) the petitioner can claim bail before the learned Magistrate. I need only observe that if the petitioner appears before the learned Magistrate in response to the summons received by him, the learned Magistrate must proceed to consider the application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. The application must be considered in the light of the decisions in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Sukumari v. State of Kerala (2001 (1) KLT 22) also. 3. With the above observations this Crl.M.C. is dismissed. 4. Hand over the order. (R. BASANT) Judge tm