IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2911 of 2008() -------------------------------------- (C.P.NO.3/2005 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM) PETITIONER: 6TH ACCUSED: -------------------------------------------- SHAMEER @ SAMEER, S/O.NUHAMMED, MATTUMMATHODI, PILACHOLA, ALANELLOOR, PALAKKAD DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: COMPLAINANT AND STATE: -------------------------------------------------------------------- 1. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT (SPC/CBI/EWO/ CHENNAI), CHENNAI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2911 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioner faces indictment as 6th accused in a prosecution for offences punishable, inter alia, under Secs.120B and 489C IPC. The petitioner was arrested at the crime stage and was enlarged on bail. Investigation by the C.B.I. is complete. Final report has already been filed. Cognizance has been taken by the committal court. Committal proceedings has been registered as early as in 2005. The petitioner has not so far appeared before the committal court. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Chief Judicial Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest. Crl.M.C. No. 2911 of 2008 -: 2 :- 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He had gone abroad in connection with his employment. That is the reason why he could not appear earlier before the learned Chief Judicial Magistrate. He is willing to surrender before the learned Chief Judicial Magistrate. But he apprehends that his application for regular bail may not be considered by the learned Chief Judicial Magistrate on merits, in accordance with law and expeditiously. 3. Notice was given to the learned Standing Counsel for the C.B.I. The learned Standing Counsel for the C.B.I. submits that the peculiar facts and circumstances of this case may be taken into consideration. 4. I do take note of the nature of the allegations and the period during which the petitioner has not appeared before the learned Chief Judicial Magistrate. Those may be circumstances which the court can consider while taking up the question of grant of bail to the petitioner. But certainly they are not sufficient reasons for not considering the application for bail on merits, in accordance with law and expeditiously. 5. It is for the petitioner to appear before the learned Chief Judicial Magistrate and explain to the learned Chief Judicial Magistrate the circumstances under which he could not earlier Crl.M.C. No. 2911 of 2008 -: 3 :- appear before the learned Chief Judicial Magistrate. I have no reason to assume that the learned Chief Judicial 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 observation that if the petitioner surrenders before the learned Chief Judicial Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Chief Judicial Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner and the learned Standing Counsel for the C.B.I. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2911 of 2008 -: 4 :-