IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH APRIL 2007 / 20TH CHAITHRA 1929 Crl.MC.No. 1139 of 2007() ------------------------- AGAINST THE ORDER IN CC 357 2003 AND LP.24/2006 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER: ------------ SURENDRAN PILLAI,SUDHEESH BHAVANAM, THRIKKUNNAPPUZHA NORTH MURI, SOORANADU SOUTH VILLAGE, KUNNATHU TALUK, KOLLAM DISRICT. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPEPCTOR OF POLICE, SASTHANCOTTA. 3. AJITHKUMAR, SREEMANGALATH VEEDU, INCHAKKADU MURI, SOORANADU VILLAGE. R1 & 2 BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1139 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2007 O R D E R The petitioner is the sole accused in a prosecution, inter alia, under Sections 447 and 506(ii) I.P.C. The case was initially registered as C.C.No. 357 of 2003. Consequent to the non- appearance of the petitioner, it was transferred to the list of long pending cases and is now pending before the J.F.C.M. Court, Sasthamcotta as L.P. 24 of 2006. According to the petitioner he is absolutely innocent. There was no intentional or deliberate default on his part. He is willing to appear before the learned Magistrate. He apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail. 2. 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 Crl.M.C.No. 1139 of 2007 2 Magistrate. I have no reason to assume that the learned Magistrate would not consider the application for bail 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 Crl.M.C. is accordingly dismissed, but subject to the above observations/directions. I may 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. (R. BASANT) Judge tm