IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 50 of 2009() ----------------------- CR..NO. 64/2008 OF TALIPARAMBA POLICE STATION CP.122/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER/A7: --------------- MANZOOR, S/O. ABDULLA, AGED 20 YEARS KUTTUKKAN SHAPPUKARANTAKATH HAFSATH MAHAL, NEAR HUDHA MASJID SYED NAGAR, P.O. TALIPARAMBA TALIPARAMBA AMSOM DESOM TALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: -------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 50 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The petitioner faces indictment as the seventh accused in a prosecution for offences punishable, inter alia, under Section 308 r/w. 149 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. He was not arrested at the crime stage or thereafter. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The case against him has been transferred to the list of long pending cases. Coercive processes issued by the learned Magistrate are chasing the petitioner. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing 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. Crl.M.C.No. 50 of 2009 2 3. It is certainly 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 Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Such application shall be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT) Judge tm Crl.M.C.No. 50 of 2009 3