IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 289 of 2009() ------------------------ CRIME NO. 298/2002 OF ALATHUR POLICE STATION PETITIONER(S): ACCUSED A2 ------------------------- NARAYANAN NAIR @ UNNI, S/O.K.ACHUTHAN NAIR, AGED 57 YEARS, THECKECHERUVATHUR HOUSE, THEKKETHARA, AYILUR, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 289 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009 O R D E R The petitioner faces indictment as the second accused in a prosecution for offences punishable, inter alia, under Sections 302 and 392 I.P.C. He was arrested and enlarged on bail at the crime stage, it is submitted. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings was registered before the learned Magistrate. He has not entered appearance so far. The case in so far as it relates to the other co-accused has already been committed to the Court of Sessions. The case against the petitioner has been split up and the same is pending before the J.F.M.C., Alathur as C.P. 114 of 2008, it is submitted. Reckoning the petitioner as absconding, coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of Crl.M.C.No. 289 of 2009 2 reasons beyond his control. 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 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 Crl.M.C.No. 289 of 2009 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm