IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 3257 of 2008() ------------------------- CP.59/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER: ------------ ANILDAS, S/O. C.K. HARIDAS CHETTIPARAN HOUSE, ERATTAPUZHA P.O. BLANGAD, CHAVAKKAD, THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3257 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008 O R D E R The petitioner faces indictment as the third accused in a prosecution for offences punishable, inter alia, under Sections 324 r/w. 149 I.P.C. All offences alleged are bailable, submits the learned counsel. But as the counter case is triable exclusively by a Court of Sessions, the case has been registered as a committal proceedings. The co-accused have already appeared before the learned Magistrate and it is submitted that they have already been committed to the court of Sessions. So far as the case of the petitioner is concerned, the same is continuing as C.P. Before the learned Magistrate. Reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate in the committal proceedings. The petitioner 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. 3257 of 2008 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 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. 3257 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm