IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3115 of 2008() ------------------------- CRIME NO.49/2005 OF MAVELIKKARA POLICE STATION PETITIONER/ACCUSED NO.8: ------------ KUNJUMON, 58 YEARS, S/O.UMMERKUTTY THIRUVADIKULANGARA KISHAKKATHIL KAPPIL MURI, KRISHNAPURAM, KAYAMKULAM. BY ADV. SRI.VINCENT JOSEPH RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3115 of 2008 ---------------------------------------- Dated this the 19th day of August 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 394 and 411 I.P.C. The petitioner was arrayed as the eighth accused. The petitioner was not arrested and has not appeared before any court so far. The co-accused were committed to the court of Session and the petitioner's case continues to be pending before the learned JFMC-I, Mavelikkara. As the petitioner was not available the case against him was transferred to the list of long pending cases and the same is pending before the learned JFMC-I, Mavelikkara as L.P.No.100/2007, submits the learned counsel for the petitioner. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner is not in any way guilty of the offences alleged. The petitioner had no knowledge of the proceedings pending against him. It is in these Crl.M.C.No.3115/08 2 circumstances that he could not earlier appear before the learned Magistrate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 3. It is 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. Crl.M.C.No.3115/08 3 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of Sukumari v. State of Kerala [2001(1)KLT 22]). Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3115/08 4 Crl.M.C.No.3115/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008