IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2386 of 2008() ------------------------- CC.711/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: A2: ------------ T.G. VARGHESE, MANAGING DIRECTOR, BLUE DOT CONSTRUCTIONS P LTD., P.B. NO.2514, INFANT JESUS BUILDING, BANERJI ROAD, KOCHI-6582 031. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR RESPONDENTS: ------------- 1. VARUN, S/O. LATE T.R. RAPHAEL, THITTAYIL HOUSE, KARANAKODAM, THAMMANOM, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2008 ALONG WITH CRMC NO.2388/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2388 of 2008() ------------------------- CC.673/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: A2: ------------ T.G. VARGHESE, MANAGING DIRECTOR, BLUE DOT CONSTRUCTIONS P LTD., P.B. NO.2514, INFANT JESUS BUILDING, BANERJI ROAD, KOCHI-6582 031. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR RESPONDENTS: ------------- 1. VARUN, S/O. LATE T.R. RAPHAEL, THITTAYIL HOUSE, KARANAKODAM, THAMMANOM, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2008 ALONG WITH CRMC NO.2386/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.2386 & 2388 of 2008 ------------------------------------------------- Dated this the 25th day of June, 2008 ORDER The common petitioner in these Crl.M.Cs. faces indictment in two separate prosecutions – both under Sec.138 of the Negotiable Instruments Act. The petitioner had entered appearance in one case. He is yet to appear in the other case. In the case in which he had appeared, there was a mistaken noting of the date of posting and consequent non-appearance before the learned Magistrate. The learned Magistrate has now issued coercive processes against the petitioner in both the cases to secure his presence reckoning him as an absconding accused. The petitioner finds such processes chasing him. He apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. Nos.2386 & 2388 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. 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. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 3. 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, these Crl.M.Cs. are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior Crl.M.C. Nos.2386 & 2388 of 2008 -: 3 :- 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. (R. BASANT, JUDGE) Nan/