IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Crl.MC.No. 517 of 2009() ------------------------ SC.211/2008 of SESSIONS COURT, KOTTAYAM .................... PETITIONER(S): ACCUSED ---------------------- SHAJAN, S/O.THOMAS, KULANGARA HOUSE, KOLLAPURAM BHAGOM,NALUKODY, PAIPPAD, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 517 of 2009 ------------------------------------------------- Dated this the 4th day of February, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.376 IPC. The petitioner was arrested and enlarged on bail at the crime stage. Later, after the committal proceedings was registered, he had appeared before the learned Magistrate and was enlarged on bail. But after the order of committal and after the Sessions Court took cognizance of the case, the petitioner could not appear before the learned Sessions Judge. Reckoning the petitioner as an absconding accused coercive processes have been issued against the petitioner by the learned Sessions Judge. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. Crl.M.C. No. 517 of 2009 -: 2 :- 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 Sessions Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Sessions Judge 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 Sessions Judge to release him on bail when he appears before the learned Magistrate. 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 have no reason to assume that the learned Sessions Judge 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). 4. In the result, this Crl.M.C. is dismissed; but with the Crl.M.C. No. 517 of 2009 -: 3 :- observation that if the petitioner surrenders before the learned Sessions Judge and seeks 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 and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/