IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH AUGUST 2007 / 15TH SRAVANA 1929 Crl.MC.No. 2521 of 2007() ------------------------- ST.7282/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRIME NO.170/2005 OF GURUVAYOOR POLICE STATION .................... PETITIONER/1ST ACCUSED: ------------------------------ ABDUL GAFOOR, AGED 35 YEARS, S/O.ABOOBACKER, M.M.HOUSE, THEYYALA ROAD, THANUR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2521 of 2007 ---------------------------------------- Dated this the 6th day of August 2007 O R D E R The petitioner faces allegations under Section 3(2)(a) of the Immoral Traffic (Prevention) Act. It is submitted that the petitioner was arrested and released on bail. But as he could not appear before the learned Magistrate on a specific date of posting, non-bailable warrant was issued by the learned Magistrate against the petitioner. 2. According to the petitioner, he is innocent. His absence was not wilful. The petitioner now wants to surrender before the learned Magistrate. 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. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the Crl.M.C.No.2521/07 2 circumstances under which he could not earlier appear before the learned Magistrate. 4. 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 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 Criminal Miscellaneous Case 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. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.2521/07 3 Crl.M.C.No.2521/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007