IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 449 of 2009() ------------------------ ST.1107/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED ---------------------- SHAHUL HAMEED, S/O. KUNJALI, ALLUNGAL HOUSE, PANTHALOOR.P.O, CHOVANOOR, THRISSUR. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMDALI HYDER, KULLAPURATHU PADINJARETHIL, OTTAPALAM TALUK, KUMARANALLUR.P.O. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.449 of 2009 ------------------------------------------------- Dated this the 30th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. Cognizance appears to have been taken long back as is revealed from the number assigned to the case i.e., S.T.No.1107/05. The petitioner had entered appearance and was enlarged on bail ones, it is submitted. But later, the petitioner has not been appearing and consequently reckoning him as an abscond accused coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, Crl.M.C. No.449 of 2009 -: 2 :- in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate 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 Magistrate to release him on bail when he appears before the learned Magistrate. 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 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). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No.449 of 2009 -: 3 :- 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) Nan/