IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 58 of 2009 ------------------------------ ( CRIME NO. 102/05 OF VATTAPPARA POLICE STATION) .................... PETITIONER/ ACCUSED NO.2: ------------------------------------------- SANALKUMAR @ SATHI S/O. SIVANKUTTY , SWAMYA BHAVAN KOPPAM CHITTOOR KONAM, IDATHARA MURI MANIKYAN VILLAGE. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 58 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Secs.120B and 419 IPC. Investigation is complete. Final report is filed. Cognizance has been taken. The petitioner had appeared before the learned Magistrate and was enlarged on bail. Later, as he secured employment abroad and the compulsion of his employment obliged him to leave for his place of employment. He could not appear before the learned Magistrate. Consequently, reckoning the petitioner as an absconding accused, coercive processes have been issued against him by the learned Magistrate. Such processes are chasing the petitioner now. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 58 of 2009 -: 2 :- His absence earlier was not wilful or deliberate. The 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, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Crl.M.C. No. 58 of 2009 -: 3 :- Magistrate and seeks 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. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/