IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4870 of 2008() --------------------------------------- CP NO.91/2008 OF JUDICIAL FIRSTS CLASS MAGISTRATE I,HOSDURG ...... (CRIME NO.268/2008 OF HOSDURG POLICE STATION) PETITIONER(S): ACCUSED NO.6: -------------------------------------------------- RIYAZ.P.B., S/O.MUHAMMED KUNHI RESIDING AT ATHINHAL, KOYAPPALLI PO., MANIKOTH, HOSDURG TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, HOSDURG POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4870 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R The petitioner faces indictment as the 6th accused in a prosecution for offences punishable inter alia under Sections 308 and 324 read with 34 I.P.C. The petitioner has not been arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken and committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. 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. 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. Crl.M.C.No.4870/08 2 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]. 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 in the light of Sukumari v. State of Kerala [2001(1)KLT 22]). 5. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4870/08 3 Crl.M.C.No.4870/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008