IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1835 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN LP 83/2006 IN CC.186/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA .................... PETITIONER: ACCUSED: -------------------- MUJEEB RAHMAN.P., S/O.IMBICHIMAMMU, PADINHARATHY, THIRUVODU P.O., NADAVANNUR KOZHIKKODE DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.1835 of 2008 ------------------------------------------------- Dated this the 22nd day of May, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Consequent to his non-appearance, the case against him has been transferred to the list of Long Pending Cases and coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. He further apprehends that when he surrenders and applies for bail, his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 2. 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 Crl.M.C. No.1835 of 2008 -: 2 :- 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). 3. In the result, this bail application 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.1835 of 2008 -: 3 :-