IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Crl.MC.No. 2348 of 2008() ------------------------- PETITIONER: ACCUSED NO.5 ------------------------ SURESH @ SURA, AGED 28 YEARS, S/O.RAJAN, VARIKKAL HOUSE, NEAR MANAKKAPPADY TEMPLE, ASOKAPURAM, ALWAYE. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2348 of 2008 ------------------------------------------------- Dated this the 23rd day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.326 and 307 of the IPC. It is submitted that the disputes have been settled between the parties. The de facto complainant was not available for trial. The petitioner, who had appeared, was enlarged on bail. He did participate in the trial. The trial has not been completed. The petitioner has not appeared before the learned Sessions Judge thereafter. Consequent to the non- appearance of the petitioner, coercive processes have been issued against the petitioner by the learned Sessions Judge. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. C.W.1 - the Crl.M.C. No. 2348 of 2008 -: 2 :- de facto complainant, is also now available. He shall appear before the learned Sessions Judge to report composition. In these circumstances, the petitioner wants to surrender before the learned Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Sessions Judge to release him on bail when he appears before the learned Sessions Judge. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge 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). 3. In the result, this bail application is dismissed; but with Crl.M.C. No. 2348 of 2008 -: 3 :- the observation that if the petitioner surrenders before the learned Sessions Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge