IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2574 of 2008() ------------------------- CP.49/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.153/06 OF THRITHALA POLICE STATION .................... PETITIONER: ------------ IBRAHIM, AGED 39 YEARS, S/O ENTHEENKUTTY, PATHAYAPURAKKAL HOUSE, KAPPOOR, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, THRITHALA POLICE STATION. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2574 of 2008 ------------------------------------------------- Dated this the 9th day of July, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.304A of the IPC. The crime was registered under Sec.304A of the IPC. Investigation is complete. Final report has been filed alleging the offence punishable under Sec.304A of the IPC. Cognizance has been taken. Committal proceedings has been registered. The petitioner was enlarged on bail at the crime stage. But after cognizance, he has not entered appearance. Accordingly, the case against him has been split up. The case against the co-accused has been committed to the Court of Session. The same is pending as S.C.No.584/07. The case against the petitioner is pending as C.P.No.49/07. Reckoning him as an absconding accused, coercive processes has been issued against the petitioner. The petitioner Crl.M.C. No. 2574 of 2008 -: 2 :- 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 petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate 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 Magistrate to release him on bail when he appears before the learned Magistrate. 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 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). Crl.M.C. No. 2574 of 2008 -: 3 :- 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the petitioner shall not be arrested till 16/7/08. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge