IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 4057 of 2008 ---------------------------------- ( CC.NO.41/1999 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA) .................... PETITIONER/ ACCUSED: ----------------------------------- RANEESH @ RATHEESH, S/O. RAVI, THAITHRA HOUSE, THAZHEKAD DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4057 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section 420 I.P.C.; who had entered appearance and was enlarged on bail; who had appeared before court promptly on all dates of posting till the evidence of prosecution was closed, who thereafter on account of compulsions of his employment had to proceed to his place of employment abroad, who has not been able to appear before the learned Magistrate thereafter; against whom coercive processes have now been issued by the learned Magistrate after transferring the case to the list of long pending cases and who apprehends imminent arrest, has now come to this Court with this petition under Section 482 Cr.P.C. with a prayer that directions may be issued to ensure that the dicta in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) and Jain Babu v. Joseph (2008 (4) KLT 16) are complied with and that the petitioner's application Crl.M.C.No. 4057 of 2008 2 for regular bail is considered on merits, in accordance with law and expeditiously – on the date of surrender itself. 2. I am not persuaded to agree that any special or specific direction deserves to be issued. Sufficient general directions have already been issued by this Court in the decisions cited above. I am not satisfied that any special or separate direction deserves to be issued in each case to the learned Magistrate to comply with the directions already issued. I have no reason to assume that the learned Magistrate shall not follow the decisions referred above. If there be non- compliance, the avenues of challenge/complaint are available to the petitioner. 3. The learned counsel for the petitioner finally make an interesting request that there may be a direction for expeditious disposal of the case against the petitioner. The case has been dragging on because of non-appearance of the petitioner. It is hence that I said that the request is interesting. Be that as it may, every efforts must be made by the learned Magistrate to dispose of the case expeditiously. Crl.M.C.No. 4057 of 2008 3 The petitioner can make a request to that effect and appropriate decision shall be taken by the learned Magistrate. 4. This application is dismissed, but with the above specific observations. (R. BASANT) Judge tm