IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH MARCH 2007 / 9TH CHAITHRA 1929 Crl.MC.No. 1051 of 2007() ------------------------- LP 38/2005 OF JFMC PARAVUR, KOLLAM -------------------------------------- PETITIONER: ACCUSED NO.4 ----------------------------------------- G.SUDHEER, AGED 38 YEARS, S/O.GOPALAKURUP, KULATHINKARA VEEDU, THEKKUMBHAGAM, PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVUR, KOLLAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1051 of 2007 ---------------------------------------- Dated this the 30th day of March 2007 O R D E R The petitioner faces indictment in a prosecution interalia under Sections 323 and 324 I.P.C. The petitioner was not available in India and therefore a warrant of arrest has been issued against him. The case has been transferred to the list of long pending cases. The alleged crime was committed as early as in 1991. 2. According to the petitioner, he was not aware of the registration of the case against him at all. He has now come to know of the pendency of the case and issue of the warrant against him. The petitioner is now willing to surrender before the learned Magistrate. The learned counsel for the petitioner submits that the petitioner apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. He, therefore, prays that the directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. Crl.M.C.No.1051/07 2 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances under which he could not earlier appear before the learned Magistrate. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself unless there are exceptional and compelling reasons. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1051/07 3 Crl.M.C.No.1051/07 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006