IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 1975 of 2008() ------------------------- CP.17/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR CRIME NO.416/03 OF ADOOR POLICE STATION .................... PETITIONER: IST ACCUSED ----------------------- NAZARUDEEN, S/O.ABDUL AZEEZ, RAZAK MANZIL, EZHAMKULAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1975 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2008 O R D E R The petitioner along with the co-accused faces indictment in a prosecution for offences punishable, inter alia, under Sections 308 I.P.C. Investigation is complete. Final report has already been filed. Committal proceedings has been registered. The petitioner had appeared before the learned Magistrate and was released on bail at the crime stage. But subsequently he had gone abroad in connection with his employment. The petitioner now understands that final report has been filed and reckoning him as an absconding accused coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. 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. 1975 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 Sessions 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. 1975 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