IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.MC.No. 2127 of 2008() ------------------------- AGAINST THE ORDER IN LP 89/2005 IN CC.643/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: PETITIONER ---------------------- JOSE J. PALATHINKAL, CHAIRMAN, CATCHMENT PLANTATIONS PVT. LTD., 29/280, JANATHA ROAD, VYTTILA, KOCHI. BY ADV. SRI.JOLLY JOHN RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LORD KRISHAN BANK, M.G. ROAD, ERNAKULAM (NOW RENAMED AS CENTURION BANK OF PUNJAB, REP. BY ITS MANAGER). R1 BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2127 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under Sections 138 of the N.I. Act. Cognizance was taken as early as in 2001. But the petitioner has not entered appearance so far. The case against the petitioner has been transferred to the list of long pending cases. Reckoning him as an absconding accused, coercive processes have been issued against him. 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 reasons beyond his control. The petitioner was not served with any process, memo or summons of the court. 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. Crl.M.C.No. 2127 of 2008 2 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 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) tm Judge Crl.M.C.No. 2127 of 2008 3