IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3341 of 2008() -------------------------------------- (S.C.NO.1317/2007 OF ADDL.DISTRICT & SESSIONS COURT, FAST TRACK II, KOLLAM) PETITIONER: 3RD ACCUSED: -------------------------------------------- SATHEESH, S/O.NARAYANAN, CHARUVILA PUTHAN VEEDU, ERATTAKKULAM, ERATTAKKULAM MURI, KADAKKAL VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT:STATE: ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3341 of 2008 ------------------------------------------------- Dated this the 3rd day of September, 2008 ORDER The petitioner faces indictment as 3rd accused in a prosecution for offences punishable under Secs.308 and 324 read with Sec.149 IPC. Investigation is complete. Final report has already been filed. The case has been committed to the Court of Session. The case has been numbered and is pending before the Sessions Court. The petitioner, who is employed abroad, could not appear before the learned Sessions Judge after committal and, in these circumstances, coercive processes have been issued against the petitioner by the learned Sessions Judge. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 3341 of 2008 -: 2 :- His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Sessions Judge to release him on bail when he appears before the learned Sessions Judge. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Crl.M.C. No. 3341 of 2008 -: 3 :- Sessions Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/