IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4549 of 2008() ------------------------- AGAINST THE ORDER IN LPR 136/2007 IN CP.11/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR CRIME NO.639/05 OF MATHILAKOM POLICE STATION .................... PETITIONER(S): ACCUSED NO.2 --------------- MUNEER, S/O.MOHAMMED ALI, CHERUPANACKAL HOUSE, CHAMAKKALA EDATHURUTHY VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, MATHILAKOM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4549 of 2008 ------------------------------------------------- Dated this the 25th day of November, 2008 ORDER The petitioner faces indictment as the 2nd accused in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.149 IPC. The petitioner was enlarged on bail at the crime stage. Later he went abroad. Investigation is now complete. Final report has already been filed. Cognizance has been taken. Reckoning the petitioner as an absconding accused, the case against him has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner by the learned Magistrate to procure his presence. 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 Crl.M.C. No. 4549 of 2008 -: 2 :- has a further case that the parties have settled all their disputes including the case and counter case. 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. 4549 of 2008 -: 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. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT, JUDGE) Nan/