IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.MC.No. 3225 of 2008() ------------------------- CP.123/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY CRIME NO.922/06 OF THE KARUNAGAPPALLY POLICE STATION. .................... PETITIONER: ------------ KOCHUPAPPU, S/O. KESAVAN, AGED 80 YEARS, PADMALAYAM, ADINAD SOUTH, KATTILKADAVU P.O., KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3225 of 2008 ------------------------------------------------- Dated this the 25th day of August, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under the Kerala Abkari Act. The petitioner is a person aged about 80 years. He was not arrested at the crime stage. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceeding has been registered. Reckoning the petitioner 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 petitioner, in these circumstances, wants to surrender before the learned Crl.M.C. No. 3225 of 2008 -: 2 :- 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, this Crl.M.C. is dismissed; but with the 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 Crl.M.C. No. 3225 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/