IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4843 of 2008() ------------------------- C.C.NO.219/04 OF THE JFCM COURT, NOROTH PARAVU. PETITIONER(S): --------------- BIJU, S/O. SEBASTIAN, KALLARACKAL HOUSE, GOTHURUTH, CHENNAMANGALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4843 of 2008 ------------------------------------------------- Dated this the 12th day of December, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.324 IPC. The offence is bailable. The petitioner was enlarged on bail at the crime stage. Investigation is now complete. Final report has already been filed. Cognizance has been taken as early as in 2004 as can be seen from the number assisted to the case i.e., C.C.No.219/04. 2. According to the petitioner, he is absolutely innocent. He was not aware of the filing of the final report. No notice, summons or memo of the court was ever received by him. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance Crl.M.C. No. 4843 of 2008 -: 2 :- with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 Crl.M.C. No. 4843 of 2008 -: 3 :- expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/