IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2648 of 2008() ------------------------- LP.43/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: ------------ M.O. THOMAS, SREE NILAYAM PADANAYARKULANGARA SOUTH KARUNAGAPPALLY. BY ADV. SRI.B.KRISHNA MANI RESPONDENT/COMPLAINANT: ---------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2648 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2008 O R D E R The petitioner's son faces indictment in a prosecution for the offence punishable, inter alia, under Section 420 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. The indictee, i.e the petitioner's son has not so far entered appearance. Consequently the case against him was transferred to the list of long pending cases. It has been remaining in the file from 2006. Coercive processes have been issued against him. The petitioner's son had secured anticipatory bail at the crime stage, it is submitted. 2. The petitioner has now come to this Court with an application that his son is not guilty of any offence, as alleged. According to the petitioner, his son 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 Crl.M.C.No. 2648 of 2008 2 bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. It is certainly for the petitioner's son 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's son 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's son 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 Crl.M.C.No. 2648 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm