IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.MC.No. 3194 of 2008() ------------------------- CC.1317/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM CRIME NO.98/2006 OF ANCHALUMOOD POLICE STATION .................... PETITIONER: ACCUSED: -------------------- BOBAN, S/O.PEETER LIYON, AGED 31 YEARS, CHITTAPPANAZHIKATHU, KUREEPPUZHA CHERLY, THRIKKADVOOR VILLAGE, KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3194 of 2008 ------------------------------------- Dated this the 25th day of August, 2008 ORDER Petitioner, as the 1st accused, faces indictment in a prosecution for the offence punishable under Section 394 I.P.C. The petitioner was arrested at the crime stage and was enlarged on bail. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calendar Case has been registered. The petitioner was not served and he could not appear before the learned Magistrate. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest. It is in these circumstances that the petitioner has come before this Court with a prayer that appropriate directions under Section 482 Cr.P.C may be issued in favour of him. 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 Crl.M.C. No.3194 of 2008 2 under Section 482 Cr.P.C may be issued in favour of the petitioner. 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. (R.BASANT, JUDGE) rtr/-