IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2039 of 2008() ------------------------- CC.166/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER/A1: ------------ JAMES, S/O/ JOSEPH AGED 32 YEARS, MAMMOOTTIL HOUSE AKATHETHARA, PALA. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSOECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2039 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 324 and 425 I.P.C. All offences are bailable. The petitioner has not entered appearance before the learned Magistrate and coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. No notice, summons or process of the court was ever served on him. 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. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 2039 of 2008 2 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. (R. BASANT) Judge tm Crl.M.C.No. 2039 of 2008 3