IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 475 of 2009() ------------------------ SC.1019/2002 of II ADDL.ASSISTANT SESSIONS COURT, KOLLAM CRIME NO.44/01 OF THE SAKTHIKULANGARA POLICE STATION .................... PETITIONER(S): --------------- SINU, S/O. SASIDHARAN, THEKKEKKANNOOR VEEDU, MEENATHU CHERRY, SAKTHIKULANGARA, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 475 of 2009 ------------------------------------------------- Dated this the 2nd day of February, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.34 IPC. The case was pending before the learned Assistant Sessions Judge-II, Kollam. The petitioner was enlarged on bail at the time of committal; but later he did not appear before the learned Sessions Judge. Consequently, coercive processes have been issued against the petitioner by the learned Sessions Judge. Such process 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 Crl.M.C. No. 475 of 2009 -: 2 :- the learned Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge 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 Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge 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 Sessions Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Crl.M.C. No. 475 of 2009 -: 3 :- Judge 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/