IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH APRIL 2007 / 23RD CHAITHRA 1929 Crl.MC.No. 1190 of 2007() ------------------------- ST.3706/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER/ACCUSED: -------------------------------- RAVI PRAKASH, S/O.LAKSHMANAN, CHIRAKKAL VEEDU, THENKURISSI, ALATHUR PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENT/RESPONDENT: ------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1190 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of April, 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. According to the petitioner he had not received any notice. But he now finds himself in the unenviable predicament of a warrant of arrest issued by the learned Magistrate chasing him. The petitioner 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. It is in these circumstances prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail on the date of surrender itself. 2. 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 on merits, in accordance Crl.M.C.No. 1190 of 2007 2 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). 3. This Crl.M.C. is accordingly dismissed, but subject to the above observations/directions. I may 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. 4. Hand over copy of the order. (R. BASANT) Judge tm