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. 4696 of 2008() ----------------------------------- CRIME NO.307/2001 OF CHERPULASSERY POLICE STATION ................................... PETITIONER/5TH ACCUSED --------------------------------------- MUSTHAFA, S/O.MOIDEEN @ KUNHUMON, 35 YEARS, KALAPARAMBIL HOUSE, VALLAPPUZHA, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT/RESPONDENT ----------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 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: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4696 of 2008 ------------------------------------------------- Dated this the 4th day of December, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 IPC. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. The petitioner was enlarged on bail at the crime stage. But subsequently he was not available. The trial against the co-accused has been completed before the Sessions Court. They have been found not guilty and acquitted. The case against the petitioner has been split up. The same is pending before the learned Magistrate. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate in the committal proceedings. The petitioner has come back to Crl.M.C. No. 4696 of 2008 -: 2 :- India on leave from his place of employment abroad. He has six months leave. He is willing to surrender before the learned Magistrate and seek regular bail. 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 prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 2. The learned counsel for the petitioner further submits that there may be a direction to complete the trial expeditiously inasmuch as the petitioner will have to return to his place of employment within a period of six months. 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). Crl.M.C. No. 4696 of 2008 -: 3 :- 4. 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 expeditiously – on the date of surrender itself. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). 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. 4696 of 2008 -: 4 :-