IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4857 of 2008() ------------------------- SC.691/2007 of I ADDL. SESSIONS COURT, PALAKKAD .................... PETITIONER(S): --------------- SELVOM @ ASAI, S/O. CHINNAN, WARD NO.2, DOOR NO.25, CUMBUM P.O., THENI DISTRICT, TAMIL NADU. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY RANGER, MUKKALI FOREST STATION, PALAKKAD. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4857 of 2008 ---------------------------------------- Dated this the 17th day of December 2008 O R D E R The petitioner is the 1st accused and he, along with the co- accused, faces indictment in a prosecution for offences punishable under the N.D.P.S.Act. The petitioner was arrested and enlarged on bail at the crime stage. Later, he had appeared before the committal court and was enlarged on bail by the committal court also. On the basis of the order of committal, cognizance has been taken by the Sessions Court. The case was posted to 16/6/2008. 2. According to the petitioner, summons was not ever served on him. Consequently, he did not know of the date of posting of the sessions case and he could not therefore appear before the learned Sessions Judge. According to the petitioner, the records of the case also show unmistakably that the petitioner had not been served with any process conveying to him the date of posting of the sessions case No.691/07. Now coercive processes have been initiated against the petitioner reckoning him as an absconding accused. Such processes are Crl.M.C.No.4857/08 2 chasing the petitioner. The petitioner apprehends imminent arrest. 3. According to the petitioner, he is absolutely innocent. There was no wilful disobedience of the order of the court by him. He did not appear because he did not know that a Sessions case had been registered and his appearance is necessary. Now, 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. 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 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 Crl.M.C.No.4857/08 3 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]. 5. 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. 6. In the peculiar facts and circumstances of this case, there shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 19/12/2008. 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.4857/08 4 Crl.M.C.No.4857/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008