IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4901 of 2008() ------------------------- CC.3095/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI CRIME NO.299/06 OF MATTANCHERY POLICE STATION, ERNAKULAM .................... PETITIONER(S): ACCUSED: ----------------------- JINU JOSEPH, S/O.JOSEPH, AGED 35 YEARS, MECHANIC, MATHERAPPILLY HOUSE, VADUTHALA P.O., VADUTHALA DESOM, CHERANELLUR 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, MATTANCHERY POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4901 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable under Narcotic Drugs and Psychotropic Substances Act. According to the petitioner, all offences are bailable and the case is pending before the learned Judicial Magistrate of the First Class-II, Kochi. 2. The petitioner had entered appearance earlier. He was enlarged on bail. But consequent to omission/failure on the part of the petitioner to appear before the learned Magistrate, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner. The petitioner apprehends imminent arrest. 3. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. No.4901 of 2008 2 4. 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]. 5. 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, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-