IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4544 of 2008() ------------------------- CC.274/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.116/2002 OF KALAMASSERY POLICE STATION .................... PETITIONER(S): ACCUSED --------------- YASIR ARAFATH, S/O.M.S.UMMER, AGED 31, BUSINESS, MAROTTIKKAL HOUSE, KALAMASSERY.P.O, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4544 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 353 r/w. 34 I.P.C. The petitioner had appeared before the learned Magistrate and had been released on bail. But later he did not appear before the court. Subsequently reckoning the petitioner as an absconding accused, coercive processes have been issued against him. Such processes issued by the learned Magistrate are chasing him. He apprehends imminent arrest. 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 Crl.M.C.No. 4544 of 2008 2 circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned 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 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm Crl.M.C.No. 4544 of 2008 3