IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 246 of 2009() ------------------------ F.I.R.NO. 542/06 OF KOLLAM EAST POLICE STATION .................... PETITIONER/A4: --------------- SREELAL, S/O, SREENIVASAN, SREENIVAS PUTHENNADA NAGAR, THEKKEVILACHERRY MUNDAKKAL VILLAGE, KOLLAM. BY ADV. SRI.S.GIRISH RESPONDENT(S): --------------- THE CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION KOLLAM, REP.THROUGH 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 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 246 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Immoral Traffic (Prevention) Act. Crime was registered as Crime No. 542 of 2008 of Kollam East Police Station. Investigation was complete. Final report was filed. Cognizance has been taken. The case has been registered as C.C.230 of 2006. He was arrested and released on bail at the crime stage. But after cognizance was taken, the petitioner has not entered appearance. It is submitted that he was employed abroad and the compulsions of his employment did not permit him to return to India and appear before the learned C.J.M. Accordingly, reckoning the petitioner as an absconding accused, coercive processes have been issued against him. Such processes issued by the learned Magistrate are chasing the petitioner. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of Crl.M.C.No. 246 of 2009 2 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. 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 Crl.M.C.No. 246 of 2009 3 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) Judge tm