IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 229 of 2009() ------------------------ ST.739/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER(S): --------------- SANTHOSH KUMAR @ GOPALAN SANTHOSH KUMAR, S/O.GOPALAN,AGED 32 YRS,NELLUVAYTHEKKUMURI HOUSE, NELLUVAYA.P.O,ERUMAPPETTY VIA,THRISSUR DISTRICT. (WITHIN ERUMAPPETTY POLICE STATION). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRABHAKARAN, PUDURUTHY,PUDURUTHY.P.O, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.229 of 2009 ---------------------------------------- Dated this the 16th day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. The petitioner has permanent employment abroad. According to him, he was totally unaware of the pendency of the proceedings against him. Reckoning the petitioner 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. 2. According to the petitioner, he 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. Crl.M.C.No.226/09 2 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 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 petition 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, the case having been taken cognizance only in 2008 and the petitioner having returned to India after cognizance only on Crl.M.C.No.226/09 3 15/12/2008, there shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 28/01/2009. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.226/09 4 Crl.M.C.No.226/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008