IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 Crl.MC.No. 2385 of 2007() ------------------------- CRIME NO. 680/05 OF CENTRAL POLICE STATION, ERNAKULAM CC.289/2005 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- SREEKUMAR, S/O.RAMACHANDRAMENON, VRINDAVANAM HOUSE, CHENDAMANGALAM VILLAGE, N.PARAVOOR. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS: STATE ------------------ 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM DT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2385 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2007 O R D E R The petitioner faces indictment in a prosecution under Sections 406 and 420 I.P.C. Investigation is complete. Final report has been filed. Cognizance was taken by the learned Chief Judicial Magistrate. Thereafter the petitioner appeared and was enlarged on bail. But subsequently consequent to the failure/omission on the part of the petitioner to appear before the learned Magistrate, a warrant of arrest has been issued against the petitioner by the learned Magistrate. 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Magistrate and seek bail. He shall co-operate with the Court for the expeditious disposal of the case. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these circumstances it is prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail on the date of surrender itself. Crl.M.C.No. 2385 of 2007 2 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge Crl.M.C.No. 2385 of 2007 3 tm