IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3439 of 2008() ------------------------- CP.67/2007 OF THE MUNSIFF-MAGISTRATE COURT, PARAVUR, KOLLAM. .................... PETITIONER: ACCUSED ------------------- ULLAS, S/O. BARGAVAN, KUZHIPPIL CHARUVILA VEEDU, AMMANATHU MUKKU, CHIRACKARA THAZHAM, CHIRACKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, KOLLAM DISTRICT. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 5/9/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3439 of 2008 ------------------------------------------------- Dated this the 5th day of September, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.366 IPC. He was enlarged on bail at the crime stage. Investigation is complete. Final report has already been filed. According to the petitioner, all the disputes have been settled. He has married the girl who he is alleged to have kidnapped. A child is born in the wed-lock also. The petitioner did not receive any process, summons or notice from the court. But unfortunately, reckoning him as an absconding accused coercive processes have been issued against the petitioner by the learned Magistrate. Such process are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No.3439 of 2008 -: 2 :- 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 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 Crl.M.C. No.3439 of 2008 -: 3 :- 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. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioner shall not be executed till 16/9/2008. On or before that date, the petitioner must surrender before the learned Magistrate and seek regular bail. 5. 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 Crl.M.C. No.3439 of 2008 -: 4 :-