IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2318 of 2008() ------------------------- PETITIONER: ACCUSED NO.1 ------------------------------- K.A.RASAQUE, AGED 48 YEARS, S/O.ABOOBACKER, COMPANY VALAVIL HOUSE, TALASSERY VILLAGE AND TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: COMPLAINANT --------------------------------- 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 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2318 OF 2008 ----------------------------------------------- Dated this the 19th day of June, 2008 O R D E R The petitioner faced indictment in a prosecution for offences punishable inter alia under Section 326 read with Section 149 IPC. The co-accused has already been found not guilty and acquitted, it is submitted. Petitioner was not available for trial and the case against him was hence split up. He has not entered appearance so far. In these circumstances, reckoning him as an absconding accused, coercive process has been issued against the petitioner by the learned Magistrate. Petitioner apprehends imminent arrest. 2. 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 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 Crl.M.C. No. 2318 OF 2008 2 directions have been issued in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. 3. In the result, this petition 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. R. BASANT, JUDGE ttb Crl.M.C. No. 2318 OF 2008 3 Crl.M.C. No. 2318 OF 2008 4