IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH NOVEMBER 2007 / 5TH AGRAHAYANA 1929 Crl.MC.No. 3537 of 2007() ------------------------- CC.390/2007 of J.F.C.M-I, PERINTALMANNA CRIME NO.600/01 OF PERINTALMANNA POLICE .................... PETITIONER: ACCUSED ------------------- ABDU, S/O. HAMZA, SEELATH HOUSE, ALAMKULAM AMSOM, KUNNAKKAD P.O., MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PERINTALMANNA POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.3537 of 2007 ------------------------------------- Dated this the 26th day of November, 2007 O R D E R Petitioner is the 6th accused and he faces indictment for offence punishable, inter alia, under Section 326 r/w 149 I.P.C. All the other accused persons have been tried, found not guilty and acquitted. The petitioner was not available for trial and the case against him is now split up and pending before the learned Magistrate. 2. As the petitioner has not appeared before the Magistrate, warrant of arrest issued by the learned Magistrate is chasing the petitioner. According to the petitioner, he is absolutely innocent. His absence was not wilful or deliberate. He is willing to surrender before the learned Magistrate and seek regular bail. But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 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 Crl.M.C.No.3537 of 2007 2 consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.3537 of 2007 3