IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3437 of 2008() ------------------------- AGAINST THE ORDER IN LP.111/2008 IN CC.135/2007 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/A3: ------------------------ NATESAN, S/O. DAMODARAN, AGED 54 YEARS KOCHUTHARA (H), CC 29/3210, NEAR GANDHI SQUARE PUNITHURA, NOW RESIDING AT HOUSE OF SAHADEVAN, (CONTRACTOR) KANDHAIPARAMBIL (H), NEAR DEVI TEMPLE CHERANALLORE. BY ADV. SRI.P.A.MARTIN ROY RESPONDENTS/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3437 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 471 r/w. 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance was taken. The petitioner has not entered appearance so far. He was not arrested at the crime stage also. The case against the petitioner has been transferred to the list of long pending cases. Coercive processes have been issued against him. The petitioner apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he 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 Crl.M.C.No. 3437 of 2008 2 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