IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 3290 of 2008() ------------------------- C.C.59/06 OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA PETITIONER: 3RD ACCUSED ----------------------- VIJAYAN.C, S/O. CHAKRAPANI, MANTHRA VILAKOM VEEDU, CHAVADIMUKKU, SREEKARIYAM VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.M.DINESH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3290 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August, 2008 O R D E R The petitioner is the 73rd accused and he faces indictment, along with the co-accused for offences punishable, inter alia, under Section 332 I.P.C. And Section 3(2) of the P.D.P.P. Act. He was not arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner was employed at Bombay. He was unaware of the prosecution against him. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. The petitioner finds such processes issued by the learned Magistrate chasing him. He 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. 3290 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 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. (R. BASANT) tm Judge Crl.M.C.No. 3290 of 2008 3