IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2431 of 2008() ------------------------- CP.33/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONER: ------------ SAJI PHILIP, S/O.PHILIP, AGED 40 YEARS, RESIDING AT KADUKUNNEL HOUSE, KATTAPPANA P.O. KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICE, KATTAPPANA EXCISE RANGE, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2431 & 2432 of 2008 ---------------------------------------- Dated this the 27th day of June 2008 O R D E R The petitioner faces indictment in two separate prosecutions both under the Kerala Abkari Act. Investigation is complete. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. Both cases are pending before the same court. The petitioner has not entered appearance. He was shown as an absconding accused. The learned Magistrate, in these circumstances, has issued coercive processes to procure the presence of the petitioner. 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 Magistrate to release the petitioner on bail when he appears and applies for bail. Crl.M.C.Nos.2431 & 2432/08 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, these Criminal Miscellaneous Cases are 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 in the light of Sukumari v. State of Kerala [2001(1)KLT 22]). (R.BASANT, JUDGE) jsr Crl.M.C.Nos.2431 & 2432/08 3 Crl.M.C.Nos.2431 & 2432/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007