IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JULY 2007 / 11TH ASHADHA 1929 Crl.MC.No. 2119 of 2007() ------------------------- CC.1141/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONER: ACCUSED ------------ JOBY JOSEPH, AGED 33 YEARS, S/O.JOSEPH, NADUVATHUSSERY, CHILAVANNOOR, KADAVANTHRA.P.O, KOCHI. BY ADV. SRI.T.A.RAJAN SRI.C.K.JAYAKUMAR SMT.E.SHEENA RESPONDENTS: STATE ------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.2119 of 2007 ------------------------------------- Dated this the 2nd day of July, 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to his non appearance before the learned Magistrate, the case against him has been transferred to the list of Long Pending Cases and a warrant of arrest has been issued against the petitioner to procure his presence. According to the petitioner, he is absolutely innocent. His absence was not wilful. He is prepared to surrender before the learned Magistrate and co-operate in the expeditious disposal of the case. But the petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Therefore it is prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 2. It is 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 such application 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 Crl.M.C.No.2119 of 2007 2 directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. 4. Hand over a copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) rtr/- Crl.M.C.No.2119 of 2007 3