IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD OCTOBER 2007 / 11TH ASWINA 1929 Crl.MC.No. 3029 of 2007() ------------------------- AGAINST THE ORDER IN LPC 86 2006 IN CC.345/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ACCUSED -------------------------- SIDDIQUE, S/O IBRAHIM, NEERCHAL, BADAR NAGAR, POST KUDLU, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 3/10/2007 ALONG WITH CRMC 3028/2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = Crl.M.C. Nos. 3028 & 3029 Of 2007 = = = = = = = = = = = = = = Dated this the 3rd day of October, 2007 ORDER The petitioner faces indictment in two separate prosecutions one inter alia under Sec.153 A read with 149 IPC and the other for offences punishable inter alia under Section 324 read with 149 IPC. Investigation is complete. Final report has been filed. Cognizance was taken. The petitioner did not appear before the learned Magistrate. The learned Magistrate has issued coercive processes against the petitioner. The case has been transferred to the list of long pending cases also. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The absence of the petitioner earlier was not wilflul. 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. He therefore prays that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 2. 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. Crl.M.C.No. 3028 & 3029 of 2007 2 The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. 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]. 3. This Crl.M.C. is, in these circumstances, dismissed, but with the specific observation that if the petitioner surrenders 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 and expeditiously- on the date of surrender itself. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE