IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 371 of 2009() ------------------------ LP.6/1993 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER/ACCUSED: ---------------------------------- SALIM, S/O. MOHAMMED UNNI, AGED 40 YRS. AIYINIKKAL HOUSE, POTTAKKALPADAM THATHAMANGALM, CHITTUR TALUK PALAKKAD DIST. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT/RESPONDENT --------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE CHITTUR POLICE STATION - REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 371 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2009 O R D E R The petitioner faced indictment on the basis of the final report in Crime No.285 of 1990 of Chittur police station. That prosecution was, inter alia, under Section 307 r/w. 149 I.P.C. All the other co-accused have already been acquitted. The petitioner was not available in India as the compulsions of his employment obliged him to remain abroad. The case against him has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He 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 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.No. 371 of 2009 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. 5. The learned counsel for the petitioner submits that the petitioner is unable to move about except in crutches. He has come Crl.M.C.No. 371 of 2009 3 in that condition from the place of employment to his native place. There shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 30.1.2009. On or before that date the petitioner shall surrender before the learned Judge and seek regular bail. 6. Hand over the order. (R. BASANT) Judge tm