IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 180 of 2009() ------------------------ CC.625/2003 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED --------------- FAIZAL, S/O.THANATHIL VEETTIL HUSSAIN, AGED 28 YEARS, NJALIPARAMBU DESOM, FORTKOCHI, KOCHI-1. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S):COMPLAINANT --------------- THE STATION HOUSE OFFICER, ERNAKULAM CENTRAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009 ALONG WITH CRMC.NO.182 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.180 & 182 of 2009 ---------------------------------------- Dated this the 14th day of January 2009 O R D E R The common petitioner faces indictment in two separate prosecutions one before the learned Chief Judicial Magistrate, Ernakulam and the other before the learned Additional Chief Judicial Magistrate, Ernakulam. He faces indictment for the offence punishable under Sections 394 & 392 respectively, it is submitted. Investigation is complete. Final report has been filed. Cognizance has been taken. The petitioner was earlier arrested and enlarged on bail; but subsequently there has been default on his part to appear and consequently coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that 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. Crl.M.C.Nos.180 & 182/09 2 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 find absolutely no reason to assume 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]. 4. In the result, this petition 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. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.Nos.180 & 182/09 3 Crl.M.C.Nos.180 & 182/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008