IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Crl.MC.No. 137 of 2009() ------------------------ CP.58/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S):3rd ACCUSED --------------- ALTHAF.P.V, S/O.MOHAMMED KUNHI, MEENAPPESE, KANHANGAD.P.O, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S):COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.137 of 2009 ------------------------------------- Dated this the 9th day of January, 2009 ORDER Petitioner as the 3rd accused faced indictment in a prosecution for offences punishable, inter alia, under Section 308 I.P.C. Final report was filed. Cognizance was taken. Committal Proceedings was registered. Some of the co-accused were committed for trial. But the petitioner has not entered appearance so far and the case against him is pending as C.P.No.20 of 2007. The case has been transferred to the list of Long Pending Cases and has now been registered as L.P.C No.24 of 2008. Coercive processes issued by the learned Magistrate are chasing the petitioner. The petitioner employed abroad is expected to reach India shortly. He apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence was not wilful r deliberate. He is now willing to surrender before the learned Magistrate and seek regular bail. The petitioner was not arrested at any earlier stage. The petitioner, in these circumstances, apprehends that his application for regular bail may not he considered on merits, in accordance with law and expeditiously. It is therefore prayed Crl.M.C. No.137 of 2009 2 that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) Crl.M.C. No.137 of 2009 3 rtr/-