IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / HJ 6 MAGHA 1930 Crl.MC.No. 542 of 2009() --------------------------------- C.C. NO.1546/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM. CRIME NO.357/2003 OF KOLLAM EAST POLICE STATION ......... PETITIONER(S): IST ACCUSED ----------------------- RIYAS @ RIYAS ISMAIL S/O. ISMAIL, AKKARATHOTTATHIL, AKKOLIN CHERRY, AMMACHAN MUKKU, RIYAS @ RIYAS ISMAIL KOLLAM. BY ADV. SRI.S.SUDHEESHKAR RESPONDENT(S): STATE ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 542 of 2009 ------------------------------------------------- Dated this the 5th day of February, 2009 ORDER The petitioner faces indictment as the 1st accused in a prosecution for offences punishable, inter alia, under Sec.324 read with Sec.149 IPC. Cognizance has already been taken. The petitioner had entered appearance and was enlarged on bail. But subsequently, on account of the compulsions of his employment abroad, the petitioner could not appear before the learned Magistrate. Consequently, coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 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 Crl.M.C. No. 542 of 2009 -: 2 :- 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 the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 542 of 2009 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/