IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2764 of 2008(c) ------------------------- ST.471/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI (CRIME NO.300/2004 OF CHALISSERY POLICE STATION) PETITIONER/1ST ACCUSED: ------------------------------- SAMEER.C.P., S/O.MOIDUNNI KUTTY, CHEERAMPARAMBILL HOUSE, POST.PERUMANNUR, VIA.CHALISSERY, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SI OF POLICE, CHALISSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2764 of 2008 ---------------------------------------- Dated this the 23rd day of July 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Sections 341 and 323 I.P.C. All offences alleged are bailable, it is submitted. The petitioner had received summons and had appeared before the learned Magistrate through his counsel. But as the petitioner had secured employment abroad, he could not appear on all subsequent dates of posting. Consequently, coercive processes have been issued against the petitioner by the learned Magistrate to secure the presence of the petitioner. The petitioner apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to Crl.M.C.No.2764/08 2 release the petitioner on bail when he appears and applies for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself . (R.BASANT, JUDGE) jsr Crl.M.C.No.2764/08 3 Crl.M.C.No.2764/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008