IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 302 of 2009 -------------------------------- (CRIME NO. 110/2004 OF PATHANAPURAM POLICE STATION) ............ PETITIONER/ 1ST ACCUSED: ----------------------------------------- THAJUDEEN, S/O. NAGORR MEERAN, PADANILAM PUTHEN VEEDU, KALANJOOR.P.O., PATHANAPURAM VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.C.RAJENDRAN. RESPONDENT/ COMPLAINANT & STATE: ----------------------------------------------------------- STATE OF KERALA, 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 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 302 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w. 34 I.P.C. He was arrested and enlarged on bail before the committal court. The case was committed to the Court of Sessions. But after the case reached the Asst. Sessions Court, Kottarakkara, the petitioner could not appear before the Sessions Court as he was employed abroad. Reckoning the petitioner as absconding the case against him has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Sessions Judge, but he apprehends that his application for bail may not be considered by the learned Judge on merits, in Crl.M.C.No. 302 of 2009 2 accordance with law and expeditiously. 3. It is certainly for the petitioner to appear before the learned Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) tm Judge Crl.M.C.No. 302 of 2009 3 tm