IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2981 of 2008() ------------------------- CC.16/2006 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER: ACCUSED ------------------- P.T.SURESH BABU, S/O.THANKAPPAN, AGED 58 YEARS, PUTHENPARAMBIL HOUSE, KOTTAYAM WEST PO. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, IDUKKI UNIT, THODUPUZHA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2981 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the P.C. Act. The petitioner was not arrested at the crime stage, it is submitted. Investigation is complete. Final report has been filed. Cognizance has been taken. The matter is pending before the Enquiry Commissioner and Special Judge, Trichur. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such coercive processes issued by the learned Special Judge chasing him. 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 Special 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 Crl.M.C.No. 2981 of 2008 2 these 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 Special 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 Special 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 Special Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge Crl.M.C.No. 2981 of 2008 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm