IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3101 of 2008() ------------------------- SC.718/2008 of ADDL. SESSIONS COURT (ADHOC-I), KOLLAM .................... PETITIONER: 1ST ACCUSED: ------------------------ NAZEER, S/O.KOCHUKUNJU, AGED 24 YEARS, SAYARA MANZIL, MYNAGAPPALLY, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3101 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. Investigation was complete. Final report was filed. The case was committed to the Court of Sessions. Sessions Case has been numbered also. But after the case was committed to the Court of Sessions, the petitioner has not entered appearance. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such coercive processes issued by the learned Sessions 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 Sessions Judge, but he apprehends that his application for bail may not be considered by the learned Judge Crl.M.C.No. 3101 of 2008 2 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 notice to the Prosecutor in charge of the case, the learned Judge Crl.M.C.No. 3101 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