IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Crl.MC.No. 2508 of 2008() ------------------------- CC NO.330/04 OF THE JFCM COURT, ADOOR. .................... PETITIONER: 2ND ACCUSED ----------------------- VARGHESE THARAKAN, S/O.VARGHESE, KOIKKALPUTHEN VEEDU, KANNANCODU, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2508 of 2008 ------------------------------------------------- Dated this the 4th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.341 and 323 of the IPC. According to the petitioner, all offences alleged against him are bailable. The petitioner has not entered appearance so far. The de facto complainant/victim has compounded the offences alleged against some of the co-accused. Accepting the composition – all offences are said to be compoundable, the proceedings against the said co-accused have now been closed. Coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. There is a real possibility of the complainant compounding the offences alleged against the petitioner herein Crl.M.C. No. 2508 of 2008 -: 2 :- also submits counsel. 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 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, Crl.M.C. is dismissed; but with the Crl.M.C. No. 2508 of 2008 -: 3 :- 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 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/