IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 2239 of 2008() ------------------------- CC.949/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED ------------------- PIOUS, AGED 37 YEARS, S/O.VICTORIA, KUMBALATHARA HOUSE, PALLIPURAM, THRIKKAKARA, ERNAKULAM. BY ADV. SRI.T.D.ROBIN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2239 of 2008 ------------------------------------------------- Dated this the 16th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.326 of the IPC. The case is at the trial stage. Cognizance was taken in the year 2004. The case stood posted to 4/7/08. The principal witnesses, including the injured witness, have already been examined. The dispute is settled between the parties and the de facto complainant has reported that fact to the court in his evidence. The said case was posted to 9/6/08. On account of a mistake in the noting down of the date, the petitioner could not appear on 9/6/08. The case has hence been posted to 4/7/08. The learned Magistrate has chosen to issue a non-bailable warrant of arrest to procure the presence of the petitioner. The petitioner apprehends imminent arrest. Crl.M.C. No. 2239 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2239 of 2008 -: 3 :- 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. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 4/7/08 on or before which day the petitioner must surrender before the learned Magistrate and seek regular bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge