IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4241 of 2008() ------------------------- CC.146/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... (CRIME NO.690/2002 OF THALASSERY POLICE STATION) PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- SHUKKOOR, S/O.ABDUL RAHIMAN, AGED 36 YEARS, KACHERIVALAPPIL HOUSE, SUJANA MUBARAQ, KURICHIYIL.P.O, THALASSERY. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/ STATE: --------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION. 2. STATE OF KERALA, REP:BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4241 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioner has not appeared so far. Coercive processes have been issued against him. He 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 Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, Crl.M.C. No. 4241 of 2008 -: 2 :- 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 bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior Crl.M.C. No. 4241 of 2008 -: 3 :- 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge