IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2306 of 2008() ------------------------- CC.94/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: 1st ACCUSED ------------ MOHAMMED SALEM, S/O.P.K.ABOOBECKER, PANNIKANDATHIL HOUSE, TIRUR, MALAPPURAM. BY ADV. SRI.BABU PAUL RESPONDENTS: COMPLAINANT/STATE ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. COMMISSIONER OF CUSTOMS, SCP DIVISION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2306 of 2008 ------------------------------------- Dated this the 19th day of June, 2008 ORDER Petitioner is a person employed abroad. He faces indictment in a prosecution for offences punishable under the Customs Act. He had appeared before the learned Magistrate and was enlarged on bail. He was appearing through his counsel. As he was employed abroad his counsel had represented him and filed an application to exempt him from personal appearance on one date of posting. The learned Magistrate did not consider that application favourably and rejected the same. Coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him now. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for 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. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. No.2306 of 2008 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 have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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 and expeditiously - on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-