IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 420 of 2009() ------------------------ CC.369/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR ( OLD NUMBER C.C.53/2006 ) .................... PETITIONER(S): --------------- AJAYAKUMAR, UDAYANMUTTATHU VEEDU, ELAMPALLIL MURI, PALLICKAL. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE ADOOR, ADOOR POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 420 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 O R D E R The petitioner faces indictment as the first accused in a prosecution for offences punishable, inter alia, under Section 324 r/w. 34 I,.P.C. All offences are bailable. Cognizance was taken as early as in 2006 as is revealed from the number assigned to the case i.e C.C.52 of 2006. Altogether there were four accused persons. The co-accused have all been acquitted consequent to composition of the offences, it is submitted. The case against the petitioner has been split up and refiled. Reckoning him as an absconding accused, coercive processes have been issued by the learned Magistrate. Such processes 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, Crl.M.C.No. 420 of 2009 2 in accordance with law and expeditiously. 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. (R. BASANT) Judge tm Crl.M.C.No. 420 of 2009 3