IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.MC.No. 2343 of 2008() ------------------------- CC.260/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA CRIME NO.92/06 OF THE JFCM COURT-II, PERINTHALMANNA. .................... PETITIONER: ------------ SAIDALAVI, S/O. ABDUL HAMEED, AGED 28 YEARS, PILAKKAL HOUSE, KALANKAVU ANGADI, PANDIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENTS: ------------- STATE OF KERALA, THROUGH SUB INSPECTOR, PANDIKKAD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/6/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2343 of 2008 ------------------------------------------------- Dated this the 20th day of June, 2008 ORDER The petitioner faces indictment along with the co-accused in a prosecution for offences punishable, inter alia, under Sec.353 of the IPC. The petitioner was arrested and enlarged on bail at the crime stage. Investigation is now complete. Final report has already been issued. Cognizance has been taken. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. 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 Magistrate and seek regular bail. The petitioner Crl.M.C. No. 2343 of 2008 -: 2 :- 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 must proceed to pass appropriate orders on merits and Crl.M.C. No. 2343 of 2008 -: 3 :- expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. sD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge