IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4501 of 2008() ------------------------- SC.504/2007 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM .................... PETITIONER/A1: --------------- SIVAKUMAR, S/O. CHELLAPPAN PILLAI RESIDING AT KUTTIKKATTU VEEDU KUREEPUZHA, SANGEETHA JN., RAMANKULANGARA, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4501 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w. 149 I.P.C. Cognizance has been taken. The case was committed to the Court of Sessions. The petitioner appeared before the Court of Sessions. He was enlarged on bail, but consequent to his non- appearance on 16.4.2008, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Judge, but he apprehends that his application for bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. It is in these Crl.M.C.No. 4501 of 2008 2 circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge, 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 Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No. 4501 of 2008 3 5. The petitioner, who has not been appearing before the court, makes a further interesting request that there may be an expeditious disposal. The petitioner can appear before the learned Sessions Judge and make that request. Such request must be considered on merits and appropriate orders passed. (R. BASANT) Judge tm