IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 30 of 2009() ----------------------- CRIME NO. 81/2002 OF ARANMULA POLICE STATIOIN AGAINST THE ORDER IN LP.3/2007 IN SC.87/2007 of ADDL. SESSIONS COURT (FAST TRACK NO.1), PATHANAMTHITTA .................... PETITIONER(S): ACCUSED ---------------------- RADHAKRISHNAN, AGED 43 YEARS, S/O. GOPALA KRISHNA PILLAI, OLICHIRACKAL VEEDU, KADAMMANITTA.P.O, PATHANAMTHITTA DISTRICT BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, ARANMULA. 2. STATE OF KERALA, REPRESENTED 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 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 30 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 307 I.P.C. The petitioner was enlarged on bail at the crime stage. Investigation is now complete. Final report was filed. Cognizance has been taken. The case was committed to the Court of Sessions. Some of the co-accused, who faced trial, have been found not guilty and acquitted. As the petitioner was not available for trial, the case against him has been split up and refiled. Coercive processes have been issued against the petitioner by the learned Sessions Judge. The petitioner finds such coercive processes issued by the learned Sessions Judge chasing him. 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for Crl.M.C.No. 30 of 2009 2 bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge, 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 Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge Crl.M.C.No. 30 of 2009 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm