IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3337 of 2008() ------------------------------------- (SC.NO.1681/2005 OF PRINCIPAL ASSISTANT SESSIONS COURT, THALASSERY) (CRIME NO.96/05 OF DHARMADAM POLICE STATION) PETITIONER: ------------------- ILLATHAMKANDI VINODAN, AGED 4C0 YEARS, S/O.KUMARAN, PUTHENPURA, MOONNUPERIYA, MUNDALOOR P.O., PERALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O.DHARMADAM POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3337 of 2008 ------------------------------------------------- Dated this the 3rd day of September, 2008 ORDER The petitioner faces indictment as the sole accused in a prosecution under Sec.308 IPC. The case is pending before the Sessions Court. The petitioner was enlarged on bail. The cast stood posted to 28/8/08 for framing charges. On that day, on account of the disruption of the traffic in connection with a harthal, the petitioner could not reach court. The learned Sessions Judge, reckoning the petitioner as absent, without sufficient reason, has issued coercive processes against the petitioner and the case now stands posted to 20/9/08. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. No. 3337 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before the learned Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Sessions Judge to release him on bail when he appears before the learned Sessions Judge. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Sessions Judge and seeks bail, after giving sufficient prior notice Crl.M.C. No. 3337 of 2008 -: 3 :- to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits 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 coercive processes issued against the petitioner shall not be executed till 20/9/08. On or before that date, the petitioner shall appear before the learned Sessions Judge and seek regular bail. 6. The request of the learned counsel for the petitioner that the petitioner may be released on bail on the strength of the same sureties shall be considered by the learned Sessions Judge on merits and appropriate orders passed. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3337 of 2008 -: 4 :-