IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 5026 of 2008() ------------------------- CRIME NO. 16/2007 OF KOLLAM WEST POLICE STATION CC.2412/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): 1ST ACCUSED -------------------------- G.P.VINOD, S/O.GOPALA PILLAI, KALEELIYIL VEEDU, MANAYIKULANGARA, NAGAR-161, THIRUMULLAVARAM, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOLLAM WEST POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 5026 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 O R D E R The petitioner is the first accused and he, along with three other co-accused, faces indictment in a prosecution for the offence punishable under Section 498A r/w. 34 I.P.C. Petitioner is the husband of the defacto complainant. The co-accused have already been enlarged on bail, it is submitted. The petitioner was not arrested at the crime stage or thereafter. After the filing of the final report, reckoning him as absconding, coercive processes have been issued against him by the learned Magistrate. 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. 5026 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