IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4700 of 2008() ------------------------- CP.240/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR CRIME NO.75/2008 OF KODUMON POLICE STATION .................... PETITIONER(S): ACCUSED --------------- RENJITH @ RAJESH, S/O. MADAVAKURUP, AGED 30 YEARS, CHANGAVEETTIL KIZHAKKATHIL (KOCHUTHUNDIL VEEDU), KODUMON VILLAGE, IYKKADU, ADOOR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4700 of 2008 ------------------------------------- Dated this the 5th day of December, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable under Sections 450 and 394 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal Proceedings has been registered. The petitioner was not arrested at the crime stage or thereafter. According to him, no summons, notice or processes of the court was ever served on him. However, reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is innocent. He is willing to surrender before the Investigating Officer or the learned Magistrate and seek regular 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 appropriate directions may be issued to the learned Magistrate to consider his bail Crl.M.C. No.4700 of 2008 2 application expeditiously in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. 3. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22] to oblige the subordinate courts to consider applications for bail filed by accused who surrender before the Magistrates as expeditiously as possible. No special or specific direction appears to be necessary in the facts and circumstances of this case. I have no reason to assume that the same shall not be done. Every court must do the same. If there be non compliance, the avenues of challenge/complaint are available for the petitioner. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-