IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Crl.MC.No. 2476 of 2008() ------------------------- CC.1047/2001 (LP NO.72/05) of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: ------------ GEVARGHESE, KOIKKAL HOUSE, KANNAMANGALAM, SOUTH P.O., CHETTIKULANGARA, MAVELIKKARA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: ------------- 1. V.R. JOY, MOUNT ZION RD, CHEERACHI DESOM, OLLOOR P.O., TRISHUR, REP. BY HIS POWER OF ATTORNEY, N.D. LASAR, NEELANKAVIL HOUSE, WARD NO.8/543, PERAMANGALAM, TRICHUR. 2. PUBLIC PROSECUTOR, HIGH COURT 9OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2476 of 2008 ------------------------------------------------- Dated this the 2nd day of July, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. Consequent to the non-appearance of the petitioner, the case has been transferred to the list of Long Pending Cases in 2005. Reckoning him as an absconding accused, coercive processes have been initiated against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. He apprehends imminent arrest. 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 Crl.M.C. No. 2476 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2476 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/