IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 3130 of 2008() ------------------------- CC.649/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA CRIME NO.92/99 OF THE KADAKKAVOOR POLICE STATION .................... PETITIONER: ------------ V.R.AJIDEVAN KULATHINTE THEKKATHIL, MARUTHOOR KULANGARA THEKKUM MURI, KARUNAGAPPALLY TALUK, KOLLAM BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P. SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3130 of 2008 ------------------------------------------------- Dated this the 18th day of August, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.380 read with Sec.34 IPC. The alleged incident took place on 30/4/99. The crime was promptly registered thereafter. Investigation was completed and the final report was filed. Cognizance was taken in 2003 as is evident from the number assigned to the case – C.C. No. 649/03 (not 649/06 as shown in the cause title) before the learned Judicial Magistrate of the First Class, Varkala. The petitioner did not appear before the learned Magistrate. He came to this Court with an application for anticipatory bail and by Annexure-I order dated 30/5/06 in B.A.No.3085/06, the petitioner was granted two weeks time to surrender before the learned Magistrate. The petitioner had Crl.M.C. No.3130 of 2008 -: 2 :- surrendered and was enlarged on bail, it is submitted at the Bar. Thereafter, the petitioner could not appear on one date of posting and consequently a warrant of arrest has been issued against the petitioner. The petitioner finds such warrant of arrest issued by the learned Magistrate chasing him now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The 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 Crl.M.C. No.3130 of 2008 -: 3 :- 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 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/ Crl.M.C. No.3130 of 2008 -: 4 :-