IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2535 of 2008() ------------------------- CC.67/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI CRIME NO.976/03 OF CENTRAL POLICE STTION, ERNAKULAM. .................... PETITIONER: ACCUSED NO.1 ------------------------ V.KANNAN, S/O.VARADARAJAN, NO.1, 3RD CROSS STREET, DURGA COLONY, SAMPAKAM, CHENNAI, PIN 600073. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE, ELOOR POLICE STATION. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2535 of 2008 ------------------------------------------------- Dated this the 8th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.420 of the IPC. The crime was registered in 2003. Final report has been filed and cognizance has been taken in the year 2005. Consequent to the non- appearance of the petitioner, coercive processes have been issued against the petitioner to secure his presence. Such processes issued by the learned Magistrate are chasing the petitioner now. The petitioner apprehends imminent arrest. 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 Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be Crl.M.C. No.2535 of 2008 -: 2 :- considered by the learned Magistrate 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 Magistrate to release him on bail when he appears before the learned Magistrate. 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. I have no reason to assume that the learned Magistrate 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 observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No.2535 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/