IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.MC.No. 2850 of 2008() ------------------------- CC.644/2006 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER/A30: ------------ ASHARAF,S/O. MAMMU HAJI, 32 YEARS, IYYANKODE AMSOM, KAKKATTIL DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2850 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 O R D E R The petitioner faces indictment, along with the co-accused, in a prosecution for offences punishable, inter alia, under Sections 353 r/w. 149 I.P.C. Final report has already been filed. Cognizance has been taken. The petitioner had entered appearance through counsel once. He was directed to appear in person before the Court in September, 2007. But as the petitioner was not available here and is employed at Vijayawada, he could not enter appearance within the time directed by the learned Magistrate. Thereafter reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. Such processes are chasing him. The petitioner apprehends imminent arrest. 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 Crl.M.C.No. 2850 of 2008 2 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. 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 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 Crl.M.C.No. 2850 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm