IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 394 of 2009() ------------------------ CC.999/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER/A2: ----------------------- ANOOP, S/O. PRASANNAN UTHRADOM, T.C. 5/2067 (9) KOWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT/STATE: -------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 394 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 3 of the PDPP Act. Cognizance was taken long earlier as is revealed from the number assigned to the calender case i.e. C.C. 999 of 2003. According to the petitioner, who faces indictment as the second accused, the prosecution had filed an application for withdrawal of the case under section 321 Cr.P.C. The petitioner was under the bondfide impression that the request to withdraw the case would be accepted and the petitioner need not worry about the case thereafter. But it is now revealed that the application for withdrawal has not been allowed. As the petitioner has not entered appearance thereafter, reckoning him as an absconding accused, coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He apprehends imminent arrest. Crl.M.C.No. 394 of 2009 2 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 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 Crl.M.C.No. 394 of 2009 3 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. 5. Hand over the order. (R. BASANT) Judge tm