IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3376 of 2008() ------------------------- ST.51/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER: ACCUSED: -------------------- AJO.B, 22 YEARS, S/O.BIJO LAL, MURALIKA, ULLANNOR P.O., KULANADA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PANDALAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3376 of 2008 ------------------------------------- Dated this the 4th day of September, 2008 ORDER Petitioner, a student of B.B.A course at Erode, has come to this Court with a prayer that direction under Section 482 Cr.P.C may be issued in his favour. He faces indictment in a prosecution for offences punishable under Sections 341, 323 and 427 r/w 34 I.P.C. He has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued by the learned Magistrate 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. He is willing to surrender before the learned Magistrate and apply for bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Crl.M.C. No.3376 of 2008 2 Section 482 Cr.P.C may be issued in favour of the petitioner. 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 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]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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 Crl.M.C. No.3376 of 2008 3 accordance with law and expeditiously - on the date of surrender itself. 5. It is seen that the summons was issued obliging the petitioner to appear before the Court on 30.08.08 and it is on that day that the warrant has been issued. 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 19.09.08. On or before that date, the petitioner must appear before the learned Magistrate and seek regular bail. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-