IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2621 of 2008() ------------------------- CC.24/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS, KALPETTA. .................... PETITIONER/ACCUSED: -------------------------------- K.M. KADER, S/O. MOIDEEN NADUVILAKKANDI, WAYANAD DIST. BY ADV. SRI.T.R.TARIN RESPONDENTS/COMPLAINANT/STATE: -------------------------------------------------- 1. S. RAVEENDRAN, S/O. SHANKARAN ERATTUVALAPPIL, CHUNDAYIL P.O. VYTHIRI. 2. STATE, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2621 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the N.I. Act. He had entered appearance. He was enlarged on bail. The matter stood posted for S.313 examination to 24.6.2008. The petitioner was absent. The case was adjourned to 26.6.2008. On that day also the petitioner did not appear. Petition to excuse his absence was filed. The same was dismissed. Non-bailable warrant has been issued against the petitioner and case now stands posted to 17.7.2008. 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. Crl.M.C.No. 2621 of 2008 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 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 - on the date of surrender itself. 5. In the facts and circumstances of this case there shall be a direction that the petitioner shall not be arrested in execution of the Crl.M.C.No. 2621 of 2008 3 processes issued by the court till 17.7.2008. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. (R. BASANT) Judge tm