IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 Crl.MC.No. 2822 of 2008() ------------------------- ST.2225/2005 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER: ------------ T.J. JAYAN, AGED 37 YEARS, S/O. JOHNY, THEKKUMPURAM HOUSE, KANNAMBATHOOR, THORAVU, MUKUNDAPURAM TALUK, (PUDUKKAD POLICE STATION. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENTS: ------------- 1. K.C. FRANCIS, AGED 50 YEARS, S/O. CHACKO, KUTHOOR HOUSE, POOVATHUR, CHAVAKKAD, THRISSUR (PAVARATTY POLICE STATION) 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB,. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/7/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2822 of 2008 ------------------------------------------------- Dated this the 24th day of July, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance was taken as early as in 2005. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued 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. 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. 2822 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 expeditiously – on the date of surrender itself. 5. The learned counsel for the petitioner submits that the Crl.M.C. No. 2822 of 2008 -: 3 :- petitioner is employed abroad. His mother expired this morning. The petitioner is coming into India now. The petitioner apprehends that he may be arrested thereby depriving him of an opportunity to take part in the funeral and to perform the last rites of his mother. 6. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 4/8/2008. On or before that date, the petitioner must appear before the learned Magistrate and seek regular bail. It is further directed that the petitioner shall not leave India before surrendering before the learned Magistrate and applying for bail. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge