IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 3253 of 2008() ------------------------- CRIME NO. 490/92 OF KANNUR TOWN POLICE STATION LPC.68/1999 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER/A2: ----------------- P.V. PRAMOD, S/O. JANARDHANAN AGED 38 YEARS, MAVILA HOUSE CHIRAKKAL R.S., KANNUR DIST. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3253 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008 O R D E R The petitioner faces indictment as the second accused in a prosecution for the offence punishable under Section 401 I.P.C. The petitioner was arrested and enlarged on bail at the crime stage. Cognizance was taken. The petitioner was not available to face trial as he had secured employment and was working in a Gulf country. Trial against the co-accused proceeded. They were found not guilty and acquitted. The case against the petitioner has been split up. Reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. The petitioner apprehends imminent arrest. 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 Crl.M.C.No. 3253 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 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. Crl.M.C.No. 3253 of 2008 3 5. The learned counsel for the petitioner prays that there may be a direction for expeditious disposal. It is for the petitioner to first appear before the learned Magistrate and after so appearing, he can certainly move for expeditious disposal of the case in the light of the acquittal of the co-accused. The learned Magistrate, needless to say, must consider such application and pass appropriate orders. 6. Hand over the order. (R. BASANT) Judge tm