IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2626 of 2008() ------------------------- AGAINST THE ORDER IN LP 44/2008 IN CC.475/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ VARGHESE PHILIP @ SAMKUTTY, S/O.PHILIP,PALAKKAMANNIL HOUSE, THEYADIKKU.P.O., VALIYAKUNNAM, PERUMPATTY VILLAGE, MALLAPPALLY, PATHANAMTHITTA. BY ADV. SRI.M.T.SURESHKUMAR SRI.R.RANJITH RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2626 of 2008 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner faces indictment in a prosecution for offence punishable under Section 324 I.P.C. Cognizance was taken in 1998. The petitioner had entered appearance and was enlarged on bail. Trial was almost complete; but on the date posted for judgment, the petitioner was not present. Though initially on some days when the case was posted for judgment, the petitioner was present, but the judgment was not pronounced and the matter was adjourned. Ultimately when the case came up for judgment, the petitioner was not available, he having gone abroad in connection with his employment. Coercive processes have hence been issued against the petitioner by the learned Magistrate. Such coercive processes issued by the learned Magistrate are chasing the petitioner. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and Crl.M.C.No.2626/08 2 expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is 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, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr Crl.M.C.No.2626/08 3 Crl.M.C.No.2626/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008