IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2968 of 2008() ------------------------- CC.116/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY L.P.R. NO. 68 OF 2008 .................... PETITIONER: ------------- RAJENDRAN, AGED 35 YEARS, S/O MANIVEL, CHIRAKAL HOUSE, URUMBANKUNNU, PERAMBRA VILLAE, CHALAKUDY. BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENTS: ------------- STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSOECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2968 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R The petitioner is the sole accused in a prosecution for offences punishable, inter alia, under Sections 324 and 354 I.P.C. All offences alleged are bailable, it is submitted. Final report has already been filed. Cognizance has been taken. He had entered appearance before the learned Magistrate and was enlarged on bail. He was appearing in court and participating in the proceedings for some time, but thereafter he did not/could not appear and consequently coercive processes have been issued against him. The case against him has been transferred to the list of long pending cases now. The petitioner finds the processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for Crl.M.C.No. 2968 of 2008 2 bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 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 Sessions 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 Crl.M.C.No. 2968 of 2008 3 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 tm