IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 5 of 2009() ---------------------- CRIME NO. 312/2004 OF EZHUKONE POLICE STATION AGAINST THE ORDER IN LP 317/06 IN CP.37/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER(S): ACCUSED-A1 ------------------------- SYAM LAL, S/O RAJENDRAN, CHITHRA BHAVANAM, SASTHRI NAGAR, EZHUKONE VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 5 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 O R D E R The petitioner faces indictment as the first accused in a prosecution under Section 55(g) of the Kerala Abkari Act. He was not arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The case against him has been transferred to the list of long pending cases. Coercive processes issued by the learned Magistrate 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. 5 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. Such application shall be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT) Judge tm Crl.M.C.No. 5 of 2009 3