IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4951 of 2008() ----------------------------------- LPC. NO.131/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR ........ PETITIONER(S): ACCUSED NO.1 --------------- U.K.RAFEEQUE,S/O.ABDUL KHADER, ULLIKOVVAL HOUSE, VADAKKUMBAD, P.O.RAMANTHALI. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH PAYYANNUR POLICE. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, ALONG WITH CRMC NO.4954 OF 2008 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.4951, 4954, 4955, 4956, 4957 & 4958 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER The common petitioner faces indictment in 6 cases, all pending before the learned Judicial Magistrate of the First Class, Payyannur. One of them relate to a Sessions offence. Cognizance has been taken by the learned Magistrate. The petitioner has not been appearing in these cases. Coercive processes have been issued by the learned Magistrate against the petitioner to secure his presence in all these cases. The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. Compulsions of his employment compelled him to go to his place of employment abroad and that is why he was not able to appear before the learned Magistrate. The petitioner apprehends imminent arrest. The petitioner is now willing to surrender before the learned Magistrate and seek regular bail. But But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. Nos.4951, 4954, 4955, 4956, 4957 & 4958 of 2008 2 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. These Crl.M.C are, in these circumstances, dismissed, but with the specific observation 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 proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-