IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.MC.No. 2056 of 2008() ------------------------- L.P.NO.3/08 (C.C.264/03) OF JFCM COURT, PARAVUR, KOLLAM PETITIONER: ACUSED ------------------ T.BINU. S/O.THANKAPPAN, PATTATHIL VEEDU THAZHAM MIDDLE, CHATHANNOOR PO, KOLLAM BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: RESPONDENTS/STATE/COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. L.ANILKUMAR, S/O.LAKSHMANAN, ASHOKAM, E.S.I. JUNCTION, PARIPPALLY PO., KOLLAM R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2008, A/W. CRMC 2060 OF 2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2056, 2060, 2061 2062 & 2066 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2008 O R D E R These petitions are filed by the common petitioner. Against the petitioner prosecutions were initiated before the Magistrate and cognizance was taken of the offence punishable under Section 138 of the N.I. Act. Consequent to the non- appearance of the petitioner reckoning him as an absconding accused, coercive processes have been issued against him. In some of the cases the petitioner had appeared earlier and was enlarged on bail. In some of them he had not entered appearance at all. The petitioner apprehends that he may be arrested. 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, in accordance with law and expeditiously. Crl.M.C.Nos. 2056/08 & connected cases 2 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. (R. BASANT) tm Judge