IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.MC.No. 2403 of 2008() ------------------------- CC.2286/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED 3 ------------------- V.K.ABDULLA, AGED 50 , S/O.AMMED, VADAKKEY KAMMULATHI, 'HEERA MANZIL', THAROPOYIL PO VIA PONMARI-673542, AYANCHERY VILLAGE, VADAKARA TALUK. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPERSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, CID, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2403 of 2008 ------------------------------------- Dated this the 26th day of June, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 471 I.P.C and Section 12 of the Indian Passport Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calendar Case has been registered. The petitioner is the 3rd accused, who has been shown as an absconding accused by the police. The learned Magistrate has now issued coercive processes against the petitioner. The petitioner was never arrested in the course of investigation. He was never served with any notice or processes of the court. He was unaware of the proceedings. He has come to know of the proceedings only when the warrant of arrest issued by the learned Magistrate started chasing him. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But 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 Crl.M.C. No.2403 of 2008 2 is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 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 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 been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2403 of 2008 3