IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH DECEMBER 2006 / 28TH AGRAHAYANA 1928 Crl.MC.No. 4069 of 2006() ------------------------- CC.158/2001 of MUNSIF MAGISTRATE COURT, PARAVOOR. .................... PETITIONER: ----------------- PUSHPAKUMAR, S/O.NEELAKANTA PILLAI, VARIL VEEDU, KALAKKODU, PARAVOOR, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: --------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.A.AKBAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.4069 of 2006 ---------------------------------------- Dated this the 19th day of December 2006 O R D E R The petitioner is the accused in a prosecution for offence punishable interalia under Sections 324 and 294(b) I.P.C. The case was registered in 2001. The petitioner, who is employed abroad, was not available for trial and he hence finds himself in the unenviable predicament of a warrant of arrest issued by the learned Magistrate chasing him. The petitioner now wants to surrender before the learned Magistrate. The learned counsel for the petitioner submits that the petitioner apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. He, therefore, prays that the directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 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. Crl.M.C.No.4069/06 2 3. I find absolutely no reason to assume that the learned Magistrate wound not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient General directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Crl.M.C is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient prior notice to the learned Public 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 unless there are compelling reasons. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4069/06 3 Crl.M.C.No.4069/06 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006