IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 2181 of 2008() ------------------------- AGAINST THE ORDER IN CP. 12/2003 IN LP.179/2004 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- ASHRAF U.E., S/O.EBRAHIM, UTHINATT, KAVUMKARA, MUVATTUPUZHA. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: COMPLAINANT ------------------------ THE S.I. OF POLICE, HILL PALACE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2181 of 2008 ---------------------------------------- Dated this the 10th day of June 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 489B read with 34 I.P.C. The petitioner was never arrested in the crime, it is submitted. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The case has been transferred to the list of long pending cases. The petitioner apprehends imminent arrest in execution of such processes. 2. The learned counsel for the petitioner submits that the petitioner 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.No.2181/08 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 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. (R.BASANT, JUDGE) jsr Crl.M.C.No.2181/08 3 Crl.M.C.No.2181/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007