IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Crl.MC.No. 2106 of 2008() ------------------------- C.C.NO.287/07 OF JFCM COURT, KUNNAMKULAM. PETITIONER: ACCUSED ------------------- HAMZA,S/O USMAN, ARACKAPARMBIL HOUSE, ORUMANAYOOR VILLAGE,DESOM, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE:- -------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2106 of 2008 ------------------------------------------------- Dated this the 4th day of June, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance has been taken by the learned Magistrate. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. No notice, process or summons was ever served on him. The 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 Crl.M.C. No. 2106 of 2008 -: 2 :- 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 bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Crl.M.C. No. 2106 of 2008 -: 3 :- Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge