IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.MC.No. 3273 of 2008() ------------------------- AGAINST THE ORDER IN LP 227/2005 IN CC.388/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER/A2: ------------------------ A.M. RAFEEQUE, AGED 40 YEARS S/O. N.M. MUHAMMED, NADUVILAPARAMBIL HOUSE KAPPALANDIMUKKU, MATTANCHERRY, KOCHI. BY ADV. SRI.JOSY ANTONY RESPONDENTS/ STATE AND COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, KOCHI. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3273 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2008 O R D E R The petitioner faces indictment as the second accused in a prosecution for offences punishable, inter alia, under Sections 120B and 420 I.P.C. Cognizance has been taken as early as in 1999, as can be seen from the number assigned to the case, i.e. C.C. 388 of 1999. The petitioner had entered appearance before the learned Magistrate after cognizance was taken and was enlarged on bail. But the petitioner could not/did not appear before the learned Magistrate after some time and reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. The case against the petitioner has been transferred to the list of long pending cases in 2005. The coercive processes issued by the learned Magistrate are chasing him now. 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 Crl.M.C.No. 3273 of 2008 2 reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for 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 Crl.M.C.No. 3273 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm