IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 2030 of 2008() ------------------------- PETITIONER: ------------ P.LATHEEF, S/O.AMMAD, AGED 28 YEARS, PAREMMAL HOUSE, SOOPPIKKADA, POST AVADUKKA, PERUVAANNAMUZHI, KOYILANDY TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) SMT.SUSAN JACOB SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SHO PERAMBRA POLICE STATION, CRIME FIR 126 OF 2006 BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SANTHA, D/O.KANARAN, AGED 33 YEARS, ERAM THOTTATHIL, KOOTHALI AMSOM, DESOM, VIA. PERAMBRA, KOZHIKODE. 3. SARANYA, D/O.SANTHA, AGED 20 YEARS, ERAM THOTTATHIL, KOOTHALI AMSOM, DESOM, VIA. PERAMBRA, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2030 of 2008 ---------------------------------------- Dated this the 26th day of May 2008 O R D E R The petitioner faces allegations in a crime registered under Section 376 I.P.C. He had come to this court earlier and another Bench of this court passed Annexure V order. According to the learned counsel for the petitioner, investigation is now complete and the final report has already been filed. Cognizance has been taken by the learned Magistrate and it is submitted that the committal proceedings appears to have been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. He is entitled to claim discharge before the trial court. He apprehends that when he enters appearance and applies for bail, his application for bail may not be considered by the learned Magistrate on merits in accordance with law and expeditiously. It is not a case where the petitioner did not co-operate with the investigating officer. He had filed Crl.M.C.No.1459/2008. In these circumstances, there may be a direction to the learned Magistrate to consider his application for bail on merits, in Crl.M.C.No.2030/08 2 accordance with law and expeditiously, submits the learned counsel for the petitioner. 3. 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. 4. 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 Crl.M.C.No.2030/08 3 general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 5. 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. Needless to say, the petitioner shall be at liberty to raise all his contentions to claim discharge before the appropriate court at the appropriate stage. (R.BASANT, JUDGE) jsr Crl.M.C.No.2030/08 4 Crl.M.C.No.2030/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007