IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2865 of 2008() ------------------------- SC.340/2006 of SESSIONS COURT, PALAKKAD .................... (CRIME NO.317/04 OF TOWN NORTH POLICE STATION, PALAKKAD) PETITIONER: ACCUSED: ------------------------------------- ABDUL KHADER P.A., AGED 74 YEARS, S/O ASSANAR RAWTHAR, HOTEL PRAKASH, MUTTIKULANGARA P.O., PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENGTED' BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2865 of 2008 ------------------------------------------------- Dated this the 29th day of July, 2008 ORDER The petitioner – a senior citizen, aged about 74 years, has come to this Court aggrieved by an order passed by the learned Sessions Judge, Palakkad on 23/7/08 dismissing his application to condone his absence on the ground of illness. 2. According to the learned counsel for the petitioner, the case was posted only for hearing on the question of charge. Personal presence of the petitioner was not invariably necessary on such date of posting. The petitioner had entered appearance through counsel also. The learned counsel, it is submitted, was prepared to advance arguments on the question of framing charge. But the learned Sessions Judge rejected the application to excuse the absence of the petitioner. The petitioner was ill. He was laid up. His Crl.M.C. No. 2865 of 2008 -: 2 :- absence was not wilful. Coercive processes issued against the petitioner are chasing the petitioner now. It is, in these circumstances, prayed that appropriate directions may be issued to the learned Sessions Judge to consider and dispose of the petitioner's application for bail on merits, in accordance with law and expeditiously. 3. From the submissions made at the Bar, I am satisfied that it is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge 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 Sessions Judge and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Crl.M.C. No. 2865 of 2008 -: 3 :- Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 4/8/2008. On or before that date, the petitioner shall surrender before the learned Sessions Judge and seek regular bail. (R. BASANT, JUDGE) Nan/