IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH JANUARY 2007 / 22ND PAUSHA 1928 Crl.MC.No. 106 of 2007() ------------------------ CC.1035/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: ------------ SINOJ M.S., AGED 28 YEARS, S/O. M.K. SURENDRAN, MALAYINMEL, MARANGLYADAM, PADUVAPURAM P.O., ANGAMALY. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE C.I. OF POLICE, CHALAKUDY, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.K.A. AKBAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2007 ALONG WITH CRMC 107/07, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NOs. 106 & 107 OF 2007 ------------------------------------------------- Dated this the 12th day of January, 2007 ORDER The common petitioner in these two Crl.M.Cs. is facing prosecution for the offence punishable under Sec.392 read with Sec.34 of the IPC. in two different prosecutions both pending before the learned Judicial Magistrate of the First Class, Chalakudy. The cases were initiated as early as in 2004. The alleged incident took place in the year 2003. The petitioner was released on bail at the crime stage. Subsequently, he was not available and therefore the learned Magistrate has issued coercive process to secure the presence of the petitioner. 2. The petitioner is now willing to surrender before the learned Magistrate. The petitioner apprehends that if he appears before the learned Magistrate and applies for bail, the learned Magistrate may not consider his application for bail on merits, in accordance with law and expeditiously. In these circumstances, he prays that directions under Sec.482 of the Cr.P.C. may be issued to the learned Magistrate to release the CRL.M.C.NOs. 106 & 107 OF 2007 -: 2 :- petitioner on bail when he surrenders and applies for bail. I find no merit in the prayer. 2. 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). 3. In the result, these Crl.M.C. are 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 must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself, unless compelling and exceptional reasons are there. Sd/- (R. BASANT, JUDGE) HO Nan/ //true copy// P.S. To Judge