IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 3186 of 2008() ------------------------- AGAINST THE ORDER IN LP 244/2007 IN CC.1555/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: ACCUSED: ------------------------------------- M.P.SHAJI, AGED 53 YEARS, SON OF MANGALA BHANU, RESIDING AT SREEMANGALAM, MAYYANADU P.O., KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: COMPLAINANT & STATE: -------------------------------------------------------------- 1. L.SARALAMBIKA, W/O.BAHULEYAN, BINDHU NIVAS, MAYYANADU, KOLLAM. 2. THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008 ALONG WITH CRL.M.C.NO.3189 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.3186 & 3189 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER The common petitioner in these Crl.M.Cs. faces prosecutions in two different cases - both pending before the learned Judicial Magistrate of the First Class-II, Kollam, initiated by two different complainants. Complaints under Sec.138 of the N.I. Act were filed and cognizance was taken as early as in 2001 and 2004. The petitioner has not entered appearance. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. Nos.3186 & 3189 of 2008 -: 2 :- 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, these Crl.M.Cs. are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior Crl.M.C. Nos.3186 & 3189 of 2008 -: 3 :- 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/