IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4507 of 2008() ------------------------- SC.230/2008 of V ADDL.SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): ACCUSED --------------- ABDUL MAJEED, S/O.PAREEKUTTY, PALLIKKAPPARA HOUSE, EDATHALA.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.SALIM V.S. RESPONDENT(S): COMPLAINANT --------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ALUVA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4507 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 302 I.P.C. The case was posted to 10.11.2008. But it is submitted that the accused and the counsel have mistakenly noted the date as 20.11.2008. Therefore when the case was called on 10.11.2008, the accused and his counsel were absent. Non-bailable warrant was issued against the petitioner and notices were issued to the sureties. On coming to know of the issue of warrant and the prospect of imminent arrest, the petitioner has come to this Court for issue of directions under Section 482 Cr.P.C. 2. It is for the petitioner to appear before the learned Sessions Judge and apprise the learned Judge of the reasons that led to his absence on 10.11.2008. I find absolutely no reason to assume that the learned Judge should not consider the submissions of the petitioner on merit and take appropriate decision in the Crl.M.C.No. 4507 of 2008 2 matter. 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 Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 24.11.2008, on which day the petitioner shall appear before the learned Sessions Judge and seek regular bail. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4507 of 2008 3