IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.MC.No. 2126 of 2008() ------------------------- CC.4/2006 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED NO.2 ------------------------ SUDHEER M.P., S/O.NARAYANAN, AGED 41 YEARS, RESIDING AT AREEKKARA, NADUVATTOM P.O., NORTH BEYPORE, CALICUT. BY ADV. SRI.SANTHARAM.P RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2126 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 506(1) I.P.C. All offences are bailable, it is submitted. The petitioner had appeared before the learned Magistrate at the post-cognizance stage and was enlarged on bail. On account of an unfortunate mistake on the part of the Advocate clerk in noting down the posting date, he could not appear before the learned Magistrate on one date of posting. Reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. The petitioner 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. 2126 of 2008 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. Crl.M.C.No. 2126 of 2008 3 (R. BASANT) Judge tm