IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST DECEMBER 2006 / 30TH AGRAHAYANA 1928 Crl.MC.No. 4108 of 2006() ------------------------- LP.32/2006 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO.159/04 OF EDAVANNA POLICE STATION .................... PETITIONER/1ST ACCUSED: --------------------------------------- SHIHABUIDDIN, S/O.ALAVI, EDAKKARA HOUSE, PATHIRIYAL, THIRUVALI.P.O. MALAPPURAM DISTRICT. BY ADV. SRI.DILIP MOHAN RESPONDENTS/STATE/COMPLAINANT: ------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.4108 of 2006 ---------------------------------------- Dated this the 21st day of December 2006 O R D E R The petitioner is the accused in a prosecution under Section 498A I.P.C. The petitioner was not available in India. Cognizance has been taken. The learned Magistrate has issued non-bailable warrant to procure the presence of the petitioner. The petitioner, in these circumstances, come to this court with the prayer that the learned Magistrate may be directed to release the petitioner on bail when he appears and applies for bail. 2. It is 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. 3. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general Crl.M.C.No.4108/06 2 directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Crl.M.C is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient prior notice to the learned Public Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself unless there are compelling reasons. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4108/06 3 Crl.M.C.No.4108/06 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006