IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.MC.No. 3031 of 2008() ------------------------- CP.35/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER/ACCUSED NO.1 IN L.P.C.102/108: ------------ C.P.U.SHAMSUDHEERN, S/O.MAMMU, AGED 24 YEARS, KHADEEJA MANZIL, CHAPPARAPADAVU, KOOVERI AMSOM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2008 ALONG WITH CRL.M.C.NO.3032 OF 2008. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.3031 and 3032 of 2008 ------------------------------------- Dated this the 11th day of August, 2008 ORDER The common petitioner in these two Crl.M.Cs faces indictment as per the final report in Crime Nos.155 and 156 of 2006 of Taliparamba Police Station. At the crime stage, the petitioner was arrested and was released on bail. Investigation is complete. Final reportS have already been filed. Cognizance has been taken by the learned Magistrate. Committal Proceedings have been registered by the learned Judicial Magistrate of the First Class, Taliparamba in both the cases. The petitioner did not appear before the learned Magistrate after cognizance was taken and in these circumstances reckoning the petitioner as an absconding accused 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. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions Crl.M.C. Nos.3031 and 3032 of 2008 2 under Section 482 Cr.P.C may be issued in favour of the petitioner. 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. These Crl.M.Cs are, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. (R.BASANT, JUDGE) rtr/- Crl.M.C. Nos.3031 and 3032 of 2008 3