IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2637 of 2008() ------------------------- CC.152/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/A7: ------------------------- MOOPANTAKATH RAHIM, AGED 32 YEARS, S/O. MUHAMMADKUNHI C.P. HOUSE, VELLUR P.O. VIA. PAYYANNUR, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/COMPLAINANT: ----------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2637 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 324 r/w. 34 I.P.C. All offences are bailable offences. Investigation is complete. Cognizance has been taken. The petitioner was enlarged on bail by the learned Magistrate, but later the petitioner could not enter appearance as he was constrained to leave India to take up his employment abroad. Reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. Such processes are chasing him. The petitioner apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for Crl.M.C.No. 2637 of 2008 2 bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No. 2637 of 2008 3 5. The learned counsel for the petitioner prays that there may be a direction for expeditious disposal of the case. The petitioner has to first enter appearance to facilitate expeditious disposal. If the petitioner applies before the learned Magistrate for an early disposal of the case, the learned Magistrate must consider the same and take appropriate decision in the matter. (R. BASANT) Judge tm