IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 Crl.MC.No. 2809 of 2008() ------------------------- AGAINST THE ORDER IN LP 166/07 IN CP.466/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER:ACCUSED ------------ NOUSHAD, S/O.MOHAMMED, VELLIYENGAL HOUSE, PO.IRINGAVOOR, VANIYANNUR TIRUR. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: COMPLAINANTS ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. S.I. OF POLICE, KALPAKANCHERRY POLICE STATION. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2809 of 2008 ---------------------------------------- Dated this the 24th day of July 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 376 I.P.C. Altogether there were two accused. Co-accused have already been tried, found not guilty and acquitted. The petitioner was enlarged on bail at the crime stage. But after cognizance was taken and the committal proceedings were registered the petitioner has not entered appearance. He was employed abroad and that is the reason why he could not earlier appear before the learned Magistrate, it is submitted. Reckoning the petitioner as an absconding accused, the case has been transferred to the list of long pending cases and coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing him. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Crl.M.C.No.2809/08 2 Magistrate to release the petitioner on bail when he appears and applies for bail. 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. Needless to say, the application shall be considered in the light of Sukumari v. State of Kerala [2001(1)KLT 22]) . Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2809/08 3 Crl.M.C.No.2809/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008