IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3343 of 2008() ------------------------------------- (C.C.540/208 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOTTARAKKARA) (CRIME NO.66/2004 OF EZHUKONE POLICE STATION) PETITIONER: ACCUSED – A2: -------------------------------------------- DILEEP, S/O.VASUDEVAN, DILEEP MANDIRAM, EAST MARANADU MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3343 of 2008 ------------------------------------------------- Dated this the 3rd day of September, 2008 ORDER The petitioner faces indictment as the 7th accused in a prosecution for offences punishable, inter alia, under Sec.332 read with Sec.149 IPC. Altogether, there are 18 accused persons. Except three, all the others stood trial. They have been found not guilty and acquitted. The case against the petitioner and the other absconding accused has been split up and re-filed. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. No. 3343 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, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No. 3343 of 2008 -: 3 :- 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. 5. The petitioner is employed abroad. The learned counsel for the petitioner submits that the petitioner wants to apply for exemption from personal appearance after appearing before the learned Magistrate. Therefore, he prays that permission may be granted to the petitioner to apply for exemption. No permission of this Court is required to apply for exemption. The petitioner is, in law, entitled to apply for exemption and the learned Magistrate is bound, under law, to dispose of the same in accordance with law. Sufficient general directions in the matter has already been issued in Alice George and I have no reason to assume that the learned Magistrate shall not consider such application for exemption under Sec.205 Cr.P.C., if any, filed on merits, in accordance with law and expeditiously. Every court must do the same. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3343 of 2008 -: 4 :-