IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2641 of 2008() ------------------------- CRIME NO. 261/08 OF PEERMADE POLICE STATION PETITIONER/A5: ------------ K.V. RAJESH, S/O. K.R. VISWANATHAN AGED 33 YEARS, KOLANCHIRAYIL HOUSE MUTTAPPALLY, MKKOOTTUTHARA P.O. KOTTAYAM DIST. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE CIRCLE INSPECTOR OF POLICE, PEERMADE POLICE STATION. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2641 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2008 O R D E R The petitioner faces indictment in a crime registered alleging offences punishable under the Immoral Traffic (Prevention) Act. The petitioner has not been arrested yet. Some of the co-accused have been arrested and they have already been enlarged on bail, it is submitted. 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 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 Crl.M.C.No. 2641 of 2008 2 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 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm