IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH SEPTEMBER 2007 / 29TH BHADRA 1929 Crl.MC.No. 2930 of 2007() ------------------------- LP.6/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ K.K.ABDUL RASHEED, S/O.KUNHIPPA, KALIYARANGATH HOUSE, KONGAD, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, KONGAD. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.2930 of 2007 ------------------------------------- Dated this the 20th day of September, 2007 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 406 and 420 I.P.C. Cognizance was taken. The case was registered as C.C.No.285 of 1990. The petitioner had entered appearance and was enlarged on bail. Later, the petitioner did not appear before the learned Magistrate and the learned Magistrate has now initiated coercive proceedings against the petitioner. The case against the petitioner has been transferred to the list of Long Pending Cases. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. He was compelled to proceed to his place of employment abroad. The petitioner is now willing to surrender before the learned Magistrate and seek regular bail. But the petitioner apprehends that his application for regula bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C.No.2930 of 2007 2 3. 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. I have no reason to assume that the learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.2930 of 2007 3