IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 281 of 2009() ------------------------ CP.5/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: --------------- GOPALAKRISHNAN, AGED 32, S/O. PARAMESWARAN RESIDING FOR RENT AT THE HOUSE OF SHELLY PANAIKULAM DESOM, KADUNGALLOOR VILLAGE NOW RESIDING AT AALAMMOOTTIL HOUSE KANNANKERYPADAM, MANJUMMAL P.O. BY ADV. SRI.JAISON JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KALAMASSERRY POLICE STATION. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 281 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2009 O R D E R The petitioner faces indictment as the third accused in a prosecution for the offence punishable under Section 399 I.P.C. and Section 27 of the Arms Act. Cognizance has been taken on the basis of a final report submitted by the police. He was arrested and enlarged on bail at the crime stage. After completion of the investigation final report was filed. Committal proceedings was registered. The petitioner had shifted his residence from the locality and had allegedly intimated the police about such change of address. He was not informed of the filing of the final report or the registration of the committal proceedings before the learned Magistrate. Reckoning the petitioner as absconding, coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of Crl.M.C.No. 281 of 2009 2 reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 3. It is certainly 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 Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 Crl.M.C.No. 281 of 2009 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm