IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Crl.MC.No. 529 of 2009() ------------------------ CC.969/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER(S): --------------- MOHAMMED SHERIEF @ SHAJI, AGED 41, S/O. NAGOOR KANI RAWTHER, SHAMEER MANZIL, ANAPPARA, PATHANAMTHITTA. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTITTA. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 529 of 2009 ------------------------------------------------- Dated this the 4th day of February, 2009 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.379 IPC. The crux of the allegations is that water belonging to the Kerala Water Authority was extracted from the pipes of the Kerala Water Authority by the petitioner without legal authority. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The petitioner had been released on bail at the crime stage after surrender before court. Investigation is now complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioner has not appeared before the learned Magistrate. Consequently, coercive processes have been issued against the petitioner by the learned Magistrate. Crl.M.C. No. 529 of 2009 -: 2 :- Such processes are chasing the petitioner now. 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, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to Crl.M.C. No. 529 of 2009 -: 3 :- be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 and expeditiously – on the date of surrender itself. 5. The learned counsel for the petitioner submits that the allegations against the petitioner are groundless and the petitioner is entitled to have the charges against him quashed. I need only mention that I am not persuaded to agree that any circumstances exist justifying or warranting the invocation of the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. This, I am satisfied, is an eminently fit case where the petitioner must be relegated to claim premature termination by discharge at the stage of Sec.239/240 Cr.P.C. if the petitioner is entitled to such Crl.M.C. No. 529 of 2009 -: 4 :- premature termination. Needless to say, the petitioner's claim for premature termination, if raised, must be considered by the learned Magistrate expeditiously and on merits. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/