IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2643 of 2008() ------------------------- L.P.NO.42/04 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CC.1086/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.171/02 OF KUNNICODE POLICE STATION .................... PETITIONER: ------------ SHAJAHAN, S/O.ABDUL AZIZ PARAKUNNU VEETTIL, KUNNICODE MURIYIL VILAKKUDY VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY S.I.OF POLICE KUNNICODE POLICE STATION, CRIME NO.171/2002, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2643 of 2008 ------------------------------------------------- Dated this the 15th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for the offences punishable, inter alia, under Secs.420 and 468 of the IPC. Cognizance has been taken by the learned Magistrate. Consequent to his non-appearance, a warrant of arrest has been issued by the learned Magistrate against the petitioner. The case has now been transferred to the list of Long Pending Cases. Coercive processes issued by the learned Magistrate are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner Crl.M.C. No. 2643 of 2008 -: 2 :- 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 the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 2643 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/