IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Crl.MC.No. 4667 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN LP. 140 /2006 IN CC.151/2000 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): ACCUSED NO.2 --------------------------- ZAKEER HUSSAIN, S/O.ABOOBACKER, PALATHINKAL HOUSE, ARAKKUPARAMBU,PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,REPRESENTING DY.S.P.OF POLICE, C.B.C.I.D.MALAPPURAM. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4667 of 2008 ------------------------------------------------- Dated this the 3rd day of December, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.468 IPC and Sec.12 of the Indian Passport Act. The petitioner was not available for trial. The co-accused has already faced trial and has been acquitted. The petitioner was working abroad. He has never been arrested or released on bail. Coercive processes have been issued against him. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioners, 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 Crl.M.C. No. 4667 of 2008 -: 2 :- 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 the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and Crl.M.C. No. 4667 of 2008 -: 3 :- 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/