IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2212 of 2008() ------------------------- PETITIONER: 2ND ACCUSED ------------------------------ SHYJITH @ SHYJU, S/O.RAJAN, CHITTEDATH HOUSE, KALIKKUNNU OTUMBRA, PO.OLAVANNA, KOZHIKODE. BY ADV. SRI.A.RANJITH NARAYANAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------ 1. KALATHINGAL BASHEER, S/O.AALI, AGED 32 YEARS, PALLIKKUNNU, OLAVANNA AMSOM DESOM KOZHIKODE,(WITHIN NALALAM POLICE STATION LIMITS) 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R2 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2212 OF 2008 ----------------------------------------------- Dated this the 19th day of June, 2008 O R D E R The petitioner along with the co-accused faced allegations in a private complaint filed alleging offences punishable inter alia under Section 406 IPC. The co-accused, who faced trial have already been found not guilty and acquitted. Petitioner was not available for trial and the case against him was hence split up. He has not entered appearance so far. In these circumstances, reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Petitioner apprehends imminent arrest. 2. He has come to this Court, in these circumstances, with the plea that the defacto complainant has already compounded the offences alleged against him. The petitioner was given an opportunity to secure the appearance of the defacto complainant to confirm that there has been such settlement of disputes and composition. The petitioner is not able to secure the presence of the defacto complainant. No relief on that ground of settlement can hence be granted. The learned counsel for the petitioner Crl.M.C. No. 2212 OF 2008 2 submits that the the petitioner is absolutely innocent. His absence earlier was not willful 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. 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]. Crl.M.C. No. 2212 OF 2008 3 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. R. BASANT, JUDGE ttb Crl.M.C. No. 2212 OF 2008 4 Crl.M.C. No. 2212 OF 2008 5