IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH JUNE 2007 / 22ND JYAISHTA 1929 Crl.MC.No. 1880 of 2007() ------------------------- STC.1080/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: ACCUSED -------------------- P.K.KRISHNAN, S/O. KUNHIRAMAN, AGED 62 YEARS, ANUGRAH, NEAR EDAKKAD RAILWAY STATION, P.O.MUZHAPPILANGAD, KANNUR DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: RESPONDENTS ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.JANARDHANAN, S/O. ACHUTHAN, RESIDING AT PREMSADAN, THOTTADA, KANNUR TALUK. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.1880 of 2007 ------------------------------------- Dated this the 12th day of June, 2007 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to non appearance of the petitioner, the learned Magistrate has issued a non bailable warrant of arrest to procure the presence of the petitioner. The petitioner is now willing to surrender before the learned Magistrate, but 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 a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 2. 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. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. I have no reason to assume that the learned Magistrate would not consider such application 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 Crl.M.C.No.1880 of 2007 2 been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. This Crl.M.C is, in these circumstances, 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 and expeditiously- on the date of surrender itself. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-