IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Crl.MC.No. 207 of 2009() -------------------------------- CRIME NO.503/2008 FORT POLICE STATION. C.C. NO.123/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, THIRUVANANTHAPURAM. ........ PETITIONER(S): 3RD ACCUSED: ------------------------ SANTHOSH, S/O.MADHAVAN, TC 41/2521, MANNAMVILAKOM, THOTTAM, KAMALESWARAM WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.207 of 2009 ------------------------------------- Dated this the 15th day of January, 2009 ORDER Petitioner faces indictment as the 3rd accused in a prosecution for offences punishable, inter alia, under Section 308 r/w 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. The case has been registered as C.P.No.123 of 2008 before the learned Judicial Magistrate of the First Class-II, Trivandrum (not C.C.No.123/2008 as shown in the cause title). The petitioner was not arrested at the crime stage or thereafter. He has not appeared before the Investigating Officer or the learned Magistrate. Reckoning him as absconding accused, coercive processes have been issued the learned Magistrate has issued coercive processes against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C.No.207 of 2009 2 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-