IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.MC.No. 2410 of 2008() ------------------------- CP.18/2001 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA CRIME NO.218/99 OF THE PERAMBRA POLICE STATION .................... PETITIONER: ACCUSED ------------------- RAHIM, S/O. KASSIM, AGED 35, NADUKKANDY HOUSE, KAYANNA POST, PERAMBRA, KOZHIKODE DT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE S.I OF POLICE, PERAMBRA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJEEVAN, S/O. KUMARAN, PULINJOLI HOUSE, KAYANNA POST, PERAMBRA, KOZHIKODE DT. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2410 of 2008 ------------------------------------------------- Dated this the 26th day of June, 2008 ORDER The petitioner, as the 6th accused, faces indictment in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 of the IPC. The petitioner has not entered appearance. The case against him as been split up and now stands transferred to the list of Long Pending Cases. The crime was registered in 1999. The committal proceedings was registered in 2002. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been initiated against 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. 2410 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. 2410 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. The learned counsel for the petitioner prays that there may be a direction to the learned Magistrate to consider the claim of the petitioner for discharge. The petitioner has to first appear before the learned Magistrate at the stage of claiming discharge and he can certainly claim discharge without any directions from this Court. When such a plea is raised, the learned Magistrate must consider the same in accordance with law and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge