IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 74 of 2009() --------------------------------- CRIME NO.39/2001 OF ANGAMALY POLICE STATION, ERNAKULAM .............. PETITIONER(S): ACCUSED ----------------------- JOLLY, AGED 32 , S/O. VARGHESE, PUTHUSSERY HOUSE, KALAMBATTUPURAM, NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.ARUN K.ANTONY RESPONDENT(S): COMPLAINANT & STATE ------------------------ STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, ANGAMALY, REP. BY IN PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.74 of 2009 ------------------------------------- Dated this the 8th day of January, 2009 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 307 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. Committal Proceedings has been registered. The petitioner had entered appearance and was enlarged on bail. But subsequently he was unable to appear and consequently coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing him. He apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C. No.74 of 2009 2 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 such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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. 5. It is submitted at the Bar that the case against the petitioner is pending as C.P.No.63 of 2007 before the Judicial Magistrate of the First Class-II, Aluva and the case arises from Crime No.39 of 2001 of Angamali Police Station. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-