IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 2178 of 2008() ------------------------- CC.622/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER: ACCUSED; -------------------- ABDUL RAHIM, S/O.SULAIMAN RAWTHER, PULIKULATHU THAZHATHETHIL, ARUKAZHIKAL PADINJARU MURI, EZHAMKULAM VILLAGE. BY ADV. SRI.SALIM V.S. RESPONDENTS: COMPLAINANTS: -------------------------- 1. S.I. OF POLICE, ADOOR, 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008 ALONG WITH CRMC NO.2182/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.2178 & 2182 of 2008 ------------------------------------------------- Dated this the 10th day of June, 2008 ORDER The common petitioner faces indictment in two separate prosecutions both pending before the learned Judicial Magistrate of the First Class, Adoor. Those prosecutions are initiated for offences punishable, inter alia, under Secs.324 and 353 of the IPC. All offences are bailable, it is submitted. The petitioner was never arrested. Investigation is now complete. Final report has already been filed. Cognizance has been taken. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner, in these circumstances, apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. Nos.2178 & 2182 of 2008 -: 2 :- petitioner, 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). 5. In the result, these Crl.M.Cs. are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient Crl.M.C. Nos.2178 & 2182 of 2008 -: 3 :- prior notice to 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. 6. The learned counsel for the petitioner submits that the petitioner has to return to his place of employment and therefore he wants the case against him to be taken up for trial and disposed of expeditiously. The petitioner has to first appear before the learned Magistrate and he can then request the learned Magistrate for expeditious disposal. The learned Magistrate must consider such plea and take appropriate decision in the matter. 7. Hand over a copy of this order to the learned counsel for the petitioner. sD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos.2178 & 2182 of 2008 -: 4 :-