IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2779 of 2008() ------------------------- C.C.NO.691/03 OF C.J.M, ERNAKULAM CRIME NO.521/02 OF CENTRAL POLICE STATION ERNAKULAM PETITIONER: ACCUSED NO.4 ------------------------ SAIGAL, S/O.RAGHAVAN, AGED 29 YEARS, RESIDING AT IV/265, NAGAPPADITHARA HOUSE, NEAR EROOR RAILWAY GATE, NADAMA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REPRESENTED BY SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008 ALONG WITH CRMC NOS.2782, 2783, 2784, 2785, 2787 AND CRMC. NO.2790 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2779, 2782, 2783, 2784, 2785, 2787 & 2790 of 2008 ------------------------------------- Dated this the 23rd day of July, 2008 ORDER The common petitioner in these cases faces indictment in different prosecutions, all filed alleging offences punishable, inter alia, under Section 420 I.P.C. Cognizance has already been taken and the courts concerned - the cases are pending before different courts, ie. Chief Judicial Magistrate Court, Ernakulam (5 cases) and C.B.I Court I & II, Ernakulam (2 cases). The petitioner has not appeared in those cases and consequently coercive processes have been issued against the petitioner by the courts concerned. Cognizance in these cases have been taken as early as in 2003- 2004. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the courts concerned and apply for bail. But he apprehends that his application for regular bail may not be considered by the courts concerned 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. Nos.2779, 2782, 2783, 2784, 2785, 2787 & 2790 of 2008 2 3. It is for the petitioner to appear before the courts concerned and explain to the courts concerned the circumstances under which he could not earlier appear before the courts concerned. I have no reason to assume that the courts concerned 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. These Crl.M.Cs are, in these circumstances, dismissed, but with the specific observation that if the petitioner appears before the courts concerned and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the courts concerned must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-