IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4585 of 2008() ------------------------------------- C.P. NO.21/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARAVOOR. ...... PETITIONER(S): ACCUSED NO.14 ----------------------- VAISAK, S/O.RAMACHANDRAN, AGED 18 YEARS RESIDING AT ELLUTHARA HOUSE, KOTHADU P.O., KOTHAD, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4585 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 O R D E R The petitioner faces indictment as the 14th accused in a prosecution for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. He was not arrested at any stage. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate 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. 4585 of 2008 2 circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Sessions 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. Needless to say his application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. 5. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4585 of 2008 3