IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3368 of 2008 --------------------------------- (C.C. 497/08 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGODE IIN CR.NO.10/08 OF MANJESHWAR POLICE STATION) ..................... PETITIONER/ ACCUSED: ----------------------------------- MOHAMMED BASHEER, S/O. FAKRUDHEEN, MISRIYA MANZIL, KADAMBAR.P.O., MANJESHWAR, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENT/ DEFACTO COMPLAINANT/ STATE: ----------------------------------------------------------------------- 1. JAMEELA, D/O. ABBAS, NOUSHEENA MANZIL, KADAMBAR.P.O., MANJESHWAR, KASARAGODE DISTRICT. 2. SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 3. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3368 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 498A I.P.C. The crime was registered as Crime No. 10 of 2008 of Manjeshwar police station. Investigation is complete. Final report has already been filed. Calender case has been registered. He was not arrested at the crime stage. He is shown as absconding in the charge sheet filed. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 3368 of 2008 2 3. It is certainly 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 Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) tm Judge Crl.M.C.No. 3368 of 2008 3