IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Crl.MC.No. 2370 of 2008() ------------------------- SC.241/2004 of SESSIONS COURT, THRISSUR .................... PETITIONER: ------------ JALEEL, S/O. HAMEED, VALIYAKATHU HOUSE VATANAPPILLY VILLAGE, VATANAPPILLY BEACH CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2370 of 2008 ------------------------------------------------- Dated this the 24th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.376 of the IPC and Sec.3 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. Investigation is complete. Final report has already been filed. The case has been committed. A sessions case has been registered also. The petitioner, it is submitted, had entered appearance and was enlarged on bail. But later, he could not appear before the learned Sessions Judge. Consequently, reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Sessions Judge. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 2370 of 2008 -: 2 :- His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner 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, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 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 Crl.M.C. No. 2370 of 2008 -: 3 :- Magistrate and seeks 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. (R. BASANT, JUDGE) Nan/