IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1974 of 2008() ------------------------- CRIME NO.88/07 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA PETITIONER: ACCUSED ------------ JOSEPH, S/O.ISAAC, AGED 36 YEARS, UNNATHUMPLACKAL HOUSE, KOMBODINJAL P.O, PANICKKANKUDY. BY ADV. SRI.SARIN PANICKER RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1974 of 2008 ------------------------------------- Dated this the 21st day of May, 2008 ORDER Petitioner faces indictment in a prosecution under Section 420 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken also. The petitioner appeared through counsel and applied for time. The learned Magistrate granted it on a couple of occasions. But the learned Magistrate now has issued coercive processes to procure the presence of the petitioner. The case against him has been transferred to the list of Long Pending Cases also. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C. No.1974 of 2008 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 have no reason to assume that the learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-