IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4566 of 2008() ------------------------- ST.662/2006 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S): ACCUSED --------------- MR.SHAJI, S/O.MUHAMMED KUNJU AGED 48, KUZHIYAMPATTU VEETTIL, FROM NAMBOORIMUKALEL HOUSE, PERUMPAYIKATTU.P.O, PERUMPAYIKATTUSSERY KARA, PERUMPAYIKATTU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.V.VARGHESE (KANJIRAMATTOM) RESPONDENT(S): COMPLAINANT IN S.T.NO.662/06 AND STATE --------------- 1. K.R.KARTHIKEYAN, S/O.RAVUNNI, AGED 53, KARTHEDATH HOUSE, KANNUKETTUSSERRY KARA, VAIKOM VILLAGE, VAIKOM TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4566 of 2008 ------------------------------------------------- Dated this the 26th day of November, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act . Cognizance was taken as early as in 2006 as is revealed from the number assigned to the case i.e., S.T.No.662/06. The petitioner had appeared before the learned Magistrate and was enlarged on bail. But, according to him, on account of reasons beyond his control, the petitioner could not appear before court on one date of posting. Consequently, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before Crl.M.C. No. 4566 of 2008 -: 2 :- the learned Magistrate and seek regular bail. The petitioner 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, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 4566 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/