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. 4968 of 2008() ------------------------- CC.390/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER/ACCUSED: --------------------------------- MUJEEB REHMAN, S/O.ABDUL MAJEED MAULAVI PARAYIL NEW VILLA, P.O. KOTTAPADI CHAVAKKAD. BY ADV. SRI.K.I.SAGEER RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SATHEESAN, S/O. GOPALAN PANACKAPARAMBIL, P.O. THRITHALLOOR, VATANAPPILLY. R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4968 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 138 of the N.I. Act. Cognizance was taken as early as in 20078 as can be seen from the number assigned to the case – C.C. 390 of 2007. The petitioner has not entered appearance so far. The case against the petitioner has hence been transferred to the list of long pending cases. 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. 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. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 4968 of 2008 2 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 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. 5. The counsel prays that the petitioner, after so entering appearance, may be permitted to appear through counsel under Section 205 Cr.P.C. Needless to say, the petitioner can apply for such Crl.M.C.No. 4968 of 2008 3 exemption in terms of the decision in Jain Babu v. Joseph (2008 (4) KLT 16). 5. Hand over the order. (R. BASANT) Judge tm