IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Crl.MC.No. 2284 of 2008() ------------------------- S.C.NO.210/07 OF ASSISTANT SESSIONS COURT, MAVELIKKARA PETITIONER: ------------ BABU, S/O.KUMARAN, PONALIL HOUSE, THAMARAKKULAM KIZHAKKUM MURI, THAMARAKKULAM. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: ------------- 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 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.2284 of 2008 ------------------------------------- Dated this the 18th day of June, 2008 ORDER Petitioner along with another faced indictment in a prosecution for offences punishable under the Kerala Abkari Act. The petitioner had appeared before the learned Assistant Sessions Judge and was enlarged on bail. Later he did not appear before the learned Assistant Sessions Judge. The case against the petitioner was split up. The co-accused was tried. He was found guilty, convicted and sentenced. The case against the petitioner was split up. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Assistant Sessions Judge. Such processes are chasing the petitioner now. 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 learned Assistant Sessions Judge and apply for bail. But he apprehends that his application for regular bail may not be considered by the learned Assistant Sessions Judge on merits, in accordance with law and expeditiously. It is therefore Crl.M.C No.2284 of 2008 2 prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 3. It is for the petitioner to appear before the learned Assistant Sessions Judge and explain to the learned Assistant Sessions Judge the circumstances under which he could not earlier appear before the learned Assistant Sessions Judge. I have no reason to assume that the learned Assistant Sessions Judge 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 Assistant Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Assistant Sessions Judge must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/- Crl.M.C No.2284 of 2008 3