IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Crl.MC.No. 4788 of 2008() ------------------------- AGAINST THE ORDER IN SC 49/2001 IN SC.200/2005 of SESSIONS COURT, KASARAGOD .................... PETITIONER(S): ACCUSED: ----------------------- ABDUL NAZAR, AGED 39 YEARS, S/O.MUHAMMED, RESIDING AT THALANGARA, KASARAGOD. BY ADV. SMT.MARY BEENA JOSEPH RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/12/2008 ALONG WITH CRMC.NO.4793 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.4788 & 4793 of 2008 ---------------------------------------- Dated this the 11th day of December 2008 O R D E R The common petitioner in these two Crl.M.Cs faces indictment in two prosecutions one inter alia under Section 489B I.P.C and the other under the provisions of the Kerala Abkari Act. The cases are pending before different Benches of the Sessions Court, Kasaragod. Cognizance has already been taken. The cases have been committed to the court of Session. Sessions cases have been registered. But as the petitioner was not available, the cases against him have been split up and refiled. Coercive processes have been issued against the petitioner by the learned Sessions Judge. The petitioner 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 is willing to surrender before the learned Sessions Judge and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Sessions Judge to release the petitioner on bail when he appears Crl.M.C.No.4788 & 4793/08 2 and applies for bail. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge, the circumstances under which he could not earlier appear before the learned Sessions Judge. I find absolutely no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Sessions Judge and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4788 & 4793/08 3 Crl.M.C.No.4788 & 4793/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008