IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 2238 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN LPC.76/2004 IN CP.47/2003 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO.99/2000 OF THE KASARAGOD POLICE STATION .................... PETITIONER: ------------ SHEREEFAUN NISAR @ SHAREEF, S/O.MOHAMMED KUNHI HAJI, SANTHOSH NAGAR, ALAMPADY POST, MUTTATHODY, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY S.H.O. KASARAGOD POLICE STATION, REP. BY PUBLIC PROSECUTOR, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2238 of 2008 ------------------------------------------------- Dated this the 16th day of June, 2008 ORDER The petitioner is one of the accused facing indictment in a prosecution for offences punishable, inter alia, under Secs.307 and 324 of the IPC. The petitioner was arrested and enlarged on bail at the crime stage, it is submitted. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner has not entered appearance so far. The case against him has been transferred to the list of Long Pending Cases. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. No. 2238 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No. 2238 of 2008 -: 3 :- the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge