IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4971 of 2008() ------------------------- CC.2034/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/ACCUSED: -------------------------------- BAIJU MOHAN, BAIJU BHAVANAM MURANTHAL, ANCHALUMOODU, KOLLAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE/COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. ARUN SHANKAR, S/O. TAGORE SHANKARA MANGALAM, ULIYAKOVIL P.O., KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4971 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 138 of the N.I. Act. Cognizance was taken as early as in 2006, as is revealed from the number assigned to the case - C.C. 2034 of 2006. He had appeared before the court and was enlarged on bail. But subsequently he started absconding and did not appear before the learned Magistrate. Coercive processes have been issued against him by the learned Magistrate. The petitioner finds such processes issued by the learned Magistrate chasing him. 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. 4971 of 2008 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 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