IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.MC.No. 2666 of 2008() -------------------------------------- (L.P.NO.17/91 OF JFCM I, ERNAKULAM) PETITIONER: ACCUSED: ------------------------------------- SAJI P.JOHN, S/O.JOHN, 41 YEARS, PANDIYALAKKAL, CHINGELI VILLAGE, KARTHIKPPALLY, ALAPPUZHA. BY ADV. SMT.GISA SUSAN THOMAS RESPONDENT:COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2666 of 2008 ------------------------------------------------- Dated this the 16th day of July, 2008 ORDER The petitioner face indictment in a prosecution for offences punishable, inter alia, under Secs.457 and 380 IPC. Cognizance was taken in 1987. The petitioner was absconding. Consequently, the case against the petitioner was transferred to the list of Long Pending Cases. The co-accused has already been found guilty and acquitted, it is submitted. Reckoning the petitioner as an absconding accused, 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 absolutely innocent. His absence earlier was not wilful or deliberate. He was working in Bombay and was unaware of the pendency of the proceedings, submits learned counsel for the petitioner. The Crl.M.C. No.2666 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 have no reason to assume that the 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). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No.2666 of 2008 -: 3 :- 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. (R. BASANT, JUDGE) Nan/