IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JULY 2007 / 19TH ASHADHA 1929 Crl.MC.No. 2205 of 2007() ------------------------- ST.781/2006 of JUDL.MAGISTRATE OF FIRST CLASS-III(MOBILE), ERNAKULAM .................... PETITIONER: ACCUSED -------------------- K.P.M.RAYEES, S/O. U.K.K.HASSAN, AGED 43 YEARS, HOTEL COLOMBO, C.S.ROAD, ERNAKULAM. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: COMPLAINANT/STATE ------------------------------- 1. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. SURESH BABU, KRISHNAN & SONS, JEWS STREET, ERNAKULAM. BY P.P. SRI.M.S. BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. NO. 2205 OF 2007 ------------------------------------------------- Dated this the 10th day of July, 2007 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Consequent to the non-appearance of the petitioner, the petitioner finds himself in the unenviable predicament of a warrant of arrest issued by the learned Magistrate chasing him. According to the petitioner, he is innocent. His absence was not wilful or deliberate. He is willing to co-operate with the court for the expeditious disposal of the case. 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 Crl.M.C. NO. 2205 OF 2007 -: 2 :- Magistrate. 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, 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 must proceed to pass appropriate orders on merits and Crl.M.C. NO. 2205 OF 2007 -: 3 :- expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge