IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.MC.No. 2308 of 2008() ------------------------- CRIME NO.271/2004 OF THAMARASERY POLICE STATION PETITIONER: ------------ SHAJI.K.K., S/O.KOCHAHAMMED, AGED 39 YEARS, BUSINESS, KURUPPALI HOUSE,ALUVA KEEZHMADU ERUMATHALA P.O.,ERUMATHALA DESOM,.CHOONDI VILLAGE ALUVA TALUK, ERNAKULAM DISTRICT BY ADV. SRI.K.NIKHIL NAENDRA NATH RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR , HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY CIRCLE INSPECTOR OF POLICE, THAMARASERY POLICE STATION. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2308 of 2008 ---------------------------------------- Dated this the 20th day of June 2008 O R D E R The petitioner faces indictment as the eighth accused in a prosecution for offences punishable inter alia under Section 395 I.P.C. Crime was registered as crime No.271/2004 of Thamarassery police station. The petitioner has not entered appearance so far and the case against him has hence been transferred to the list of long pending cases. Coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him and apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. Crl.M.C.No.2308/08 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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. (R.BASANT, JUDGE) jsr Crl.M.C.No.2308/08 3 Crl.M.C.No.2308/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007