IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH APRIL 2007 / 14TH CHAITHRA 1929 Crl.MC.No. 1111 of 2007() ------------------------- CC.703/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: accused ------------ ABHILASH THOMAS, S/O.LATE A.K.THOMAS, ATTELIL HOUSE, KARUKADAM, KOTHAMANGALAM. BY ADV. SRI.ELDHOSE ELIAS RESPONDENTS: COMPLAINANT ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMSON PVC PIPE, REPRESENTED BY K.J.POLLY, S/O.KIZHAKKODAN JOSE, MUKUNDAPURAM TALUK, ELENGIPARA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.1111 of 2007 ------------------------------------- Dated this the 4th day of April, 2007 ORDER The petitioner faces indictment in a prosecution under Section 138 of the N.I Act. According to him, he has not received any notice or summons, but unfortunately a warrant of arrest issued by the learned Magistrate to procure his presence is chasing him. The petitioner is willing to surrender before the learned Magistrate. He therefore prays that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 2. 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. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. 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]. Crl.M.C.No.1111 of 2007 2 3. This Crl.M.C is, in these circumstances, dismissed. But with the specific observation that if the petitioner surrenders 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 and expeditiously - on the date of surrender itself. 4. Hand over a copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) rtr/-