IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4453 of 2008() ------------------------- CC.736/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... (CRIME NO.139/2002 OF PERUMPATTY POLICE STATION,PATHANAMTHITTA DISTRICT) PETITIONER(S): ACCUSED: ---------------------------------------- AHAMED AKBER @ RAJA, S/O.MUHAMMED BASHEER, AGED 27 YEARS, CHAKKALAYIL HOUSE, KOTTANGAL P.O., PERUMPATTY, THIRUVALLA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENT(S): COMPLAINANT & DE-FACTO COMPLAINANT: ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, PERUMPATTY POLICE STATION, PATHANAMTHITTA DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SATHISH KUMAR @ SATHISH, S/O.SOMANATHAN NAIR, ANISH VILASAM, KOTTANGAL VILLAGE, KOTTANGAL, THIRUVALLA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR - R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4453 of 2008 ------------------------------------- Dated this the 19th day of November, 2008 ORDER Petitioner faces indictment in a prosecution under Section 153 A I.P.C. The petitioner was granted anticipatory bail at the stage of investigation, submits the learned counsel for the petitioner. Final report has already been filed. Cognizance has been taken. Subsequent to the taking of the cognizance, the petitioner did not/could not appear before the learned Magistrate as he was employed abroad. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is innocent. He is willing to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. It is therefore prayed that appropriate directions may be issued to the learned Magistrate to consider his bail application expeditiously in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. Crl.M.C. No.4453 of 2008 2 3. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] to oblige the subordinate courts to consider applications for bail filed by accused who surrender before the Magistrates as expeditiously as possible. No special or specific direction appears to be necessary in the facts and circumstances of this case. I have no reason to assume that the same shall not be done. Every court must do the same. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 4. The petitioner makes an interesting request that the case may be directed to be disposed of expeditiously. I said interesting because the matter has been waiting for the appearance of the petitioner who has not made himself available. Be that as it may, the petitioner, who submits that he wants to return to his place of employment abroad within a short time, can certainly make an appropriate request before the learned Magistrate to expeditiously complete the trial against him or seek exemption from his personal appearance till the trial commences. Crl.M.C. No.4453 of 2008 3 5. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-