IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MARCH 2007 / 9TH CHAITHRA 1929 Crl.MC.No. 1050 of 2007() ------------------------- CC.1609/2004 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... PETITIONER: 7TH ACCUSED --------------------------------------- KAMAL, S/O.ASEES, KUTTIPULIYAL HOUSE, PATIKKAD, PERINTHALMANNA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1050 of 2007 ---------------------------------------- Dated this the 30th day of March 2007 O R D E R The petitioner is the seventh accused in a prosecution interalia under Section 153-A read with 149 I.P.C. The petitioner has not appeared before the learned Magistrate. Consequently, he finds that a non-bailable warrant issued by the learned Magistrate is chasing him. The petitioner now wants to surrender before the learned Magistrate. The learned counsel for the petitioner submits that the petitioner apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. He, therefore, prays that the directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 2. 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 find absolutely no reason to assume Crl.M.C.No.1050/07 2 that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. 3. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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 unless there are exceptional and compelling reasons. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1050/07 3 Crl.M.C.No.1050/07 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006