IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3795 of 2008() ------------------------- CC.258/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM C.C.NO.782/05 OF THE JFCM COURT, KUNNAMMANGALAM. .................... PETITIONER(S): ACCUSED ---------------------- ALI, S/O.MUHAMMED, AGED 29 YEARS, CHITTADI VEEDU, MANANTHALAKADAVU. BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSCPECTOR OF POLICE, MAVOOR POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3795 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 ORDER The petitioner as the 4th accused in a prosecution under Sec.379 IPC faced indictment. He was not available in India. Altogether, there were 5 accused persons. Accused 1 and 2 were found guilty and convicted; but were released under Sec.4 of the Probation of Offenders Act. Accused 3 and 5 were found not guilty and acquitted. The petitioner was not available in India to face trial. According to him, he had no idea about the pendency of the case until the summons was indirectly served on him on 8/7/08. The petitioner is employed abroad. Coercive processes have been issued against the petitioner to procure his presence. The petitioner apprehends imminent arrest in execution of such processes. 2. The petitioner, in these circumstances, wants to Crl.M.C. No. 3795 of 2008 -: 2 :- surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate 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 Magistrate to release him on bail when he appears before the learned Magistrate. 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 have no reason to assume that the learned Magistrate 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 Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 3795 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. The learned counsel for the petitioner prays that the petitioner is employed abroad. He wants to seek exemption from personal appearance after getting himself enlarged on bail. Needless to say, it will be open to the petitioner to apply for exemption and such application must be considered by the learned Magistrate on merits and in accordance with law. 6. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3795 of 2008 -: 4 :-