IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4368 of 2008() ------------------------- CRIME NO. 155/06 OF TALIPARAMBA POLICE STATION AGAINST THE ORDER IN LPC 102/2008 IN CP.35/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER/A2: ------------------------ M.C. MUHAMMED KUNHI, S/O. K.V.C. ABOOBACKER AGED 27 YEARS, PERUVANA, CHAPPARAPPADAVA P.O. KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ------------------------------------------- THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DT. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4368 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2008 O R D E R The petitioner faces indictment for offences punishable, inter alia, under Section 436 r/w. 149 I.P.C. Final report has been filed. Cognizance has been taken. The petitioner was not arrested and has not appeared before any court so far. The case against him has been transferred to the list of long pending cases. Coercive processes have been issued against him. The petitioner finds such 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 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 Crl.M.C.No. 4368 of 2008 2 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 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say his application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm Crl.M.C.No. 4368 of 2008 3