IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4367 of 2008() ------------------------- L.P. 11/2005 IN SC.204/2003 OF THE ADDL. DISTRICT AND SESSIONS (ADHOC-II), ERNAKULAM. .................... PETITIONER/ACCUSED: -------------------------------- JORLY @ SHIHAB, S/O. THOMAS AGED 37 YEARS, KOZHIKKADAN HOUSE MALAYATTOOR, MALAYATTOOR VILLAGE NOW RESIDING AT KUNNUKUZHIYIL HOUSE ILLITHODUKARA, MALAYATTOOR VILLAGE ALUVA TALUK. BY ADV. SRI.SIRAJ KAROLY SRI.M.V.JOY RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR SESSIONS COURT, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4367 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution under the Kerala Abkari Act. He had appeared before the committal court and was enlarged on bail. The petitioner had appeared before the Asst. Sessions Court, N.Parur also after committal. He was enlarged on bail. But subsequently the case has been transferred to the Addl. Sessions Court (Adhoc-II), Ernakulam (Fast Track Court). According to the petitioner he had not received any notice, process or summons from that court. Now the petitioner learns that coercive processes have been issued against him by the learned Addl. Sessions Judge (Adhoc-II), Ernakulam. The petitioner finds such coercive processes issued by the learned Judge chasing him. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. He has not received any notice or summons. His sureties have not been notified at all. He is willing to surrender before the Crl.M.C.No. 4367 of 2008 2 learned Magistrate, 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 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 Crl.M.C.No. 4367 of 2008 3 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. 5. In the peculiar facts and circumstances of this case there shall be a direction that the coercive processes issued against the petitioner shall not be executed till 22.11.2008. On or before that date the petitioner shall surrender before the learned Judge and seek regular bail. His application for regular bail must be considered on merits, in accordance with law and expeditiously if the same is filed after sufficient prior notice to the prosecutor in charge of the case. 6. Hand over the order. (R. BASANT) Judge tm