IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4573 of 2008() ------------------------- SC.208/2005 of FAST TRACK COURT II AT ERNAKULAM .................... PETITIONER(S): ACCUSED NO.10 --------------- M.N.ASLAM, AGED 33 YEARS, H.NO.14/2169 CHULLICKAL, COCHIN-5 BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4573 of 2008 ------------------------------------------------- Dated this the 26th day of November, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.436 read with Sec.149 IPC. The case was posted for trial to 10/11/08. Summons was ordered to all witnesses. It is submitted that the case was settled between the parties. An application was filed to condone the absence of the petitioner. As the case was posted for trial, the learned Judge evidently did not accept the request for condonation and consequent adjournment. Coercive processes have been issued against the petitioner. 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 Crl.M.C. No.4573 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before the learned Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Judge 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 Judge to release him on bail when he appears before the learned Judge. 3. It is for the petitioner to appear before the learned Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Judge 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 Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge must Crl.M.C. No.4573 of 2008 -: 3 :- proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/