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. 2944 of 2007() ------------------------- CC.446/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VARKALA .................... PETITIONER: 3RD ACCUSED ----------------------- SANTHOSH, AGED 32, S/O.SURENDRAN, POTTIKKAZHIKATHU VEEDU, HARIHARAPURAM P.O. AYIROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. BY PUBLIC PROSECUTOR ADV.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 = = = = = = = = = = = = = Cr.M.C.No.2944 of 2007 = = = = = = = = = = = = = = Dated this the 20th day of September, 2007 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.326 IPC. Final report has been filed. Cognizance has been taken also. The petitioner had entered appearance at the crime stage and was enlarged on bail. After cognizance is taken, the petitioner has not entered appearance so far. Consequent to non-appearance of the petitioner, he finds coercive processes issued by the learned Magistrate chasing him now. 2. The learned counsel for the petitioner submits that he is innocent. His absence was not wilful. The petitioner is willing to appear 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. He therefore prays that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 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. The learned Magistrate must consider such application for bail on Cr.M.C.No.2944 of 2007 2 merits, in accordance with law and expeditiously. 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 surrenders before the learned Magistrate and applies for regular 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) sj /TRUE COPY/ P.A.TO JUDGE