IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3742 of 2008 ---------------------------------- L.P.92/2006 (CC.987/2004) OF JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM. .................... PETITIONER/ ACCUSED: ----------------------------------- DR. MURALEEKRISHNA DEV, S/O. APPU VYDIAR, VIDYA BHAVAN, GANDHIKUNNU, VENGARA AMSOM AND DESOM, NOW RESIDING AT PULPPALLY, WAYANAD DISTRICT. BY ADV. SRI.K.P.MUJEEB. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3742 of 2008 ---------------------------------------- Dated this the 6th day of October 2008 O R D E R The petitioner, a medical practitioner faces indictment in a prosecution for offences punishable inter alia under Sections 468 and 471 I.P.C. Crime has been registered. Investigation is complete. Final report has already been filed. Cognizance was taken by the learned Magistrate. The petitioner had entered appearance before the learned Magistrate and was enlarged on bail. The petitioner later came to this court with a prayer to quash the proceedings initiated against him. That petition was admitted. But long later, on 17/10/2007, the Crl.M.C was dismissed directing the petitioner to raise his contentions before the court below. Thereafter the petitioner has not appeared before the learned Magistrate. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The learned counsel for the petitioner submits that the absence of the petitioner was not wilful or deliberate. The same counsel was appearing for the petitioner in Crl.M.C.No.1298/2005. There was an omission to communicate to the petitioner of the fate of his petition that is Crl.M.C.No.1298/2005. It is, in these circumstances that the petitioner could not/did not appear before the learned Magistrate. Crl.M.C.No.3742/08 2 The petitioner is now willing to appear before the learned Magistrate. But the coercive processes issued by the learned Magistrate are chasing the petitioner. It is prayed that the petitioner may be permitted to surrender before the learned Magistrate and seek regular bail without the threat and risk of being arrested in execution of coercive processes. 2. I find merit in the submission of the learned counsel for the petitioner. I am satisfied that appropriate directions can be issued. 3. In the result, a) This Crl.M.C is allowed in part. b) It is directed that the coercive processes issued against the petitioner shall not be executed till 20/10/2008. c) On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. His application for regular bail, if filed after sufficient prior notice to the Prosecutor in charge of the case, must be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3742/08 3 Crl.M.C.No.3742/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008