IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Crl.MC.No. 3054 of 2008() ------------------------- ST.19/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... PETITIONER: ------------ VARGHESE M. VARGHESE, MADAPPARAMBIL HOUSE, VELLUKKUNNAM P.O., MOOVATTUPUZHA. BY ADV. SRI.P.J.MATHEW SRI.K.B.ARUNKUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3054 of 2008 ------------------------------------------------- Dated this the 13th day of August, 2008 ORDER The petitioner faces indictment in a prosecution for the offence under Sec.138 of the Negotiable Instruments Act. Cognizance was taken in 2008. The petitioner had entered appearance and was enlarged on bail. The petitioner had entrusted the matter to his counsel and was under the impression that the needful was being done by the learned counsel. But unfortunately, the learned counsel for the petitioner went abroad without informing the petitioner and without making adequate arrangements for the conduct of the case. The counsel and the petitioner were not present before court later on various dates. In these circumstances, the court reckoning the petitioner as an absconding accused has issued coercive processes against the petitioner. Such processes are Crl.M.C. No.3054 of 2008 -: 2 :- 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 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 Crl.M.C. No.3054 of 2008 -: 3 :- (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 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. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/