IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4692 of 2008() ------------------------- CP.25/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED: ------------------------------------------- ANVAR, S/O.ALI, ATHANATT HOUSE, ELOOKKARA, MUPPATHADAM.P.O, ALUVA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, 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 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4692 of 2008 ------------------------------------------------- Dated this the 4th day of December, 2008 ORDER The petitioner faces indictment in a prosecution, inter alia, under Sec.307 read with Sec.149 IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. 2. According to the petitioner, he is absolutely innocent. His is not aware of the pendency of the case against him. He was never arrested and he had no occasion to seek bail. Now reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 3. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. Crl.M.C. No. 4692 of 2008 -: 2 :- 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. 4. 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). 5. 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 Crl.M.C. No. 4692 of 2008 -: 3 :- expeditiously – on the date of surrender itself. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/