IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3304 of 2008() ------------------------- CC.1157/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... (CRIME NO.318/03 OF CHADAYAMANGALAM POLICE) PETITIONER: ACCUSED: ------------------------------------ VAHID, S/O. MUHAMED KASIM, P.V.HOUSE, THADIKKADU MURI, THADIKKADU, ARACKAL VILLAGE. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: STATE/COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3304 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The petitioner faces indictment in a prosecution for the offences punishable under Sections 498A I.P.C. The petitioner was not arrested at the crime stage. Investigation is complete. Final report was filed. Cognizance has been taken as early as in 2003, as is evident by the number assigned to the case by the JFMC, Kottarakkara, C.C. 1157 of 2003. The petitioner has not entered appearance so far. The case against him has been transferred to the list of long pending cases. Coercive processes have been issued against him by the learned Magistrate. The petitioner apprehends imminent arrest. 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. Crl.M.C.No. 3304 of 2008 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. (R. BASANT) Judge tm