IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Crl.MC.No. 3443 of 2008() ------------------------- ST.2867/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER: ACCUSED ------------ BRIJESH, AGED 35 YEARS, S/O.KRISHNANKUTTY, PUTHUPURACKAL HOUSE, PARPPAKADAVU.P.O, AMMADAM, TRISSUR. BY ADV. SRI.RUBY V.J. RESPONDENTS: DEFACTO COMPLAINANT & STATE ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. PADMANABHAN, AGED 61 YEARS, S/O.VASUDEVAN EMBRANTHIRI, KOTTAYIL MADATHIL, AMMDAM, TRISSUR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/09/2008 ALONG WITH CRMC NOS.3444, 3445, 3446 & 3447 OF 2008, THE COURT ON THE SAME PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.3443, 3444, 3445, 3446 & 3447 of 2008 ------------------------------------- Dated this the 5th day of September, 2008 ORDER The common petitioner in all these Crl.M.Cs faces indictment in prosecutions - all initiated by different individuals under Section 138 of the Negotiable Instruments Act (in 4 cases) and 420 I.P.C (in the 5th case). The cases are pending before different courts - J.M.F.C, Pattambi, J.M.F.C-II & III, Trichur and C.J.M, Trichur. According to the petitioner, he was enlarged on bail in all these cases and he was appearing before such courts regularly. But the petitioner met with an accident and because of such illness, the petitioner could not appear before the learned Magistrates. Though representations were made to that effect, the learned Magistrates have issued coercive processes against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. He has never violated the orders of the courts. It is only because of his illness that he was not able to appear before the courts concerned. The cases were posted for evidence and that is why Crl.M.C. Nos.3443, 3444, 3445, 3446 & 3447 of 2008 2 the learned Magistrates did not accept the request and issued warrants of arrest. 3. The learned counsel for the petitioner submits that the petitioner is willing to surrender before the learned Magistrates and seek regular bail. But he apprehends that the courts below may not consider his applications for bail on merits, in accordance with law and expeditiously. The complainants are very influential persons and threat is hurled that they shall ensure that the petitioner is forced to remain in custody at least for one day in the cases before he is enlarged on bail. Appropriate directions may be issued in the matters, submits the learned counsel for the petitioner. 4. It is for the petitioner to appear before the learned Magistrates and explain to the learned Magistrates the circumstances under which he could not earlier appear before the learned Magistrates. I have no reason to assume that the learned Magistrates 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 Crl.M.C. Nos.3443, 3444, 3445, 3446 & 3447 of 2008 3 issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 5. These Crl.M.Cs are, in these circumstances, dismissed, but with the specific observation that if the petitioner appears before the learned Magistrates and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the cases, the learned Magistrates must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 6. In the peculiar facts and circumstances of these cases, there shall be a direction that the coercive processes issued against the petitioner in all these cases shall not be executed against the petitioner till 22.09.08. On or before which day, the petitioner must appear before the courts concerned and seek regular bail. I do not want to fetter the discretions of the learned Magistrates, but I must say that ordering incarceration in such a prosecution shall defeat the interests of justice. The petitioner can also be permitted by the learned Magistrates to be represented by his counsel if he finds travel impossible and difficult because of his illness. He can make appropriate Crl.M.C. Nos.3443, 3444, 3445, 3446 & 3447 of 2008 4 application under Section 205 Cr.P.C after appearing before the courts. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-