IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Crl.MC.No. 2078 of 2008() ------------------------- CRIME NO.123/92 OF KANNUR CITY POLICE STATION AGAINST THE ORDER IN CPC 12/99 IN CC.53/1996 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: ------------ NAZAR.T.H.,S/O.MOIDEEN, AGED 42 YEARS THELAPPARA HOUSE,MAIDANAPPALLI, KANNUR BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- S.H.O. KANNUR CITY POLICE , KANNUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2078 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R The petitioner, along with the co-accused, faces indictment in a prosecution for offences punishable, inter alia, under Sections 324 and 427 r/w. 149 I.P.C. All offences are bailable, it is submitted. Investigation is complete. Final report has already been filed. The co-accused were available for trial, but the petitioner was not. They were found not guilty and acquitted. The case against the petitioner was split up and was later transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 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 was earlier released on bail, but he could not be present for trial as he secured employment Crl.M.C.No. 2078 of 2008 2 abroad and constrained to leave for his place of employment. He is willing to surrender before the learned Magistrate, but he apprehends that his application for 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 Sessions 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 Crl.M.C.No. 2078 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