IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 Crl.MC.No. 1831 of 2008() ------------------------- L.P. 16/2008 IN SC 500/2006 OF ADDITIONAL SESSIONS JUDGE, FAST TRACK NO.II, TRICHUR PETITIONER: PETITIONER: ----------------------- SHINOY, S/O.VELAYUDHAN, VELLAMPARAMBIL HOUSE, POOVATHUR P.O. THRICHUR. BY ADV. SRI.P.K.ANIL RESPONDENTS: RESPONDENTS: ------------------------- 1. SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1831 of 2008 ---------------------------------------- Dated this the 22nd day of May 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 308 I.P.C. The case was pending before the Additional Sessions Court. The petitioner was not available for trial. The case against him has hence been split up and transferred to the list of long pending cases. Coercive processes have been issued against the petitioner. The petitioner 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 Judge and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Judge 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 Judge to release the petitioner on bail when he appears and applies for bail. Crl.M.C.No.1831/08 2 3. It is for the petitioner to appear before the learned Judge and explain to the learned Judge, the circumstances under which he could not earlier appear before the learned Judge. I find absolutely no reason to assume that the learned Judge 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 Judge and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge 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.1831/08 3 Crl.M.C.No.1831/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007