IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2051 of 2008() ------------------------- LP 24/03 IN C.C.619/99 OF JFMC, KOLENCHERRY PETITIONER: ACCUSED ------------------- THOMAS JACOB, S/O.T.K.CHACKO, AGED 38 YEARS, THANIKUNNEL HOUSE, PAMPAKUDA KARA, ONAKKOOR VILLAGE. BY ADV. SRI.M.S.MANIKANDAN RESPONDENTS: COMPLAINANT ------------------------ STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2051 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 341 and 323 I.P.C. The offences are bailable. The case relates to an incident in 1999. Crime was registered and cognizance was taken, both in 1999. The petitioner had appeared before the learned Magistrate and was released on bail at an earlier date. But subsequently he had gone abroad in connection with his employment and has not been able to appear promptly before the learned Magistrate. Consequently the learned Magistrate has transferred the case to the list of long pending cases and 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 Crl.M.C.No. 2051 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 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. 2051 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