IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 1983 of 2008() ------------------------- CMC.807/2008 of SESSIONS COURT, KALPETTA LPC.136/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY CRIME NO.74/96 OF PADINJARATHARA POLICE STATION .................... PETITIONER: ACCUSED: -------------------- MUKRI GAFOOR, S/O.AMEED, AGED 34 YEARS, MUKRI HOUSE, PADINJARATHARA P.O., PADINJARATHARA AMSOM DESOM, WAYANAD DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1983 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2008 O R D E R The petitioner, along with the co-accused, faces indictment in a prosecution under Sections 420 I.P.C. The co-accused have already stood trial and were found not guilty and acquittal. The case against the petitioner has been split up as he was not available for trial. The case was transferred to the list of long pending cases. Coercive processes have been issued against him. The petitioner approached the learned Sessions Judge for anticipatory bail. That application was dismissed as per Annex.A1. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. There is a finding on merit that the co-accused are not guilty and therefore there is no possibility of the petitioner being convicted for the alleged offence. He is willing to surrender before the learned Magistrate, but he Crl.M.C.No. 1983 of 2008 2 apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 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 Crl.M.C.No. 1983 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm