IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4855 of 2008() ------------------------- CC.462/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER/A2: --------------- VINOD, S/O. MANIYAN THERIVILA PUTHEN VEEDU KOTTUKAL, NELLIMOODU P.O. NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, ALONG WITH CRMC NO. 4859 OF 2008 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 4855, 4859, 4912 & 4913 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 O R D E R The common petitioner in these four cases faces indictment in four separate prosecutions, all pending before the J.F.M.C.-I, Neyyattinkara (three cases) and J.F.M.C.-III, Neyyattinkara (one case). In all these cases the petitioner had been enlarged on bail earlier, but on account of certain compelling reasons, it is submitted that, he could not appear before the learned Magistrate. Consequently 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. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing now to surrender before the learned Magistrate, but he apprehends that his applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.Nos. 4855/08 & connected cases 2 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 Magistrate would not consider the applications 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 - on the date of surrender itself. (R. BASANT) Judge tm