IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2753 of 2008 ------------------------- ( IN CC NO.65/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI) .................... PETITIONER/ ACCUSED -------------------------- SAIDALAVI THANGAL, S/O. POKOYA THANGAL, KUNNUMPURATHU HOUSE, P.O. KAIPURAM, NADUVATTOM, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/ COMPLAINANT ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2753 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 ORDER Petitioner faces indictment in a prosecution for the offences punishable under Sections 420 and 406 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner has not entered appearance so far. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner and the petitioner apprehends imminent arrest. 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 under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. No.2753 of 2008 2 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. This Crl.M.C is, 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. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2753 of 2008 3