IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 Crl.MC.No. 3499 of 2007() ------------------------- CC.956/2006 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER: ACCUSED ------------ C.K. RAVI, OFFICER ASSISTANT, KSEB, OFFICE OF KERALA STATE ELECTRICITY BOARD, WADAKANCHERY, THRISSUR DISTRICT BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: STATE ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3499 of 2007 ---------------------------------------- Dated this the 22nd day of November 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance was taken in the year 2006 as can be seen from the number assigned to the case, that is C.C.No.956/06. The petitioner had entered appearance through counsel. He was granted time. On 22/10/2007 he did not enter appearance. Consequently a warrant of arrest has been issued by the learned Magistrate against the petitioner. The petitioner finds such warrant of arrest chasing him. 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 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 Crl.M.C.No.3499/07 2 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. 5. 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 26/12/2007. On or before that date, the petitioner shall appear before the learned Magistrate and seek regular bail or alternatively report composition/withdrawal. (R.BASANT, JUDGE) jsr Crl.M.C.No.3499/07 3 Crl.M.C.No.3499/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007