IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3372 of 2008() -------------------------------------- -------------------------------------- LP.CASE NO.22/1999 OF JUDICIAL FIRST CLASS MAGISTRATE III,PALAKKAD ..... (CRIME NO.610/91 OF TOWN SOUTH POLICE STATION, PALAKKAD RE-REGISTERED AS CRIME NO.610/CR/91 OF CBCID, PALAKKAD) PETITIONER: ACCUSED NO.6: ----------------------------------------------- U.SULAIMAN, S/O.UMMAR SAHIB, 24/209, PUTHUPPALLY STREET, NOORNI P.O., PALAKKAD. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, PALAKKAD THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008 ALONG WITH CRL.M.C.NO.3387 OF 2008, CRL.M.C. NO.3398 OF 2008, CRL.M.C.NO.3401 OF 2008 AND CRL.M.C.NO. 3402 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 3372, 3387, 3398 3401 & 3402 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R The petitioner faces indictment in five different cases, all pending before the J.F.M.C.-III, Palghat. Those offences relate to incidents which had taken place long earlier in 1991. In all cases allegations are raised, inter alia, under Section 153A Cr.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner was not arrested at the crime stage or thereafter. Reckoning the petitioner as an absconding accused, the case against him has been transferred to the list of long pending cases and coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for Crl.M.C.Nos. 3372, 3387, 3398,3401 & 3402 of 2008 2 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.Nos. 3372, 3387, 3398,3401 & 3402 of 2008 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