IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2894 of 2008() ------------------------- (CRIME NO.37/2001 OF AGALI POLICE STATION) (S.C.NO.778/2005 OF SESSIONS COURT, PALAKKAD) PETITIONER/ACCUSED NO.3: -------------------- HAMZA @ BAPUTTY, S/O.MOHAMMED, MOOLAYIL HOUSE, ALIPARAMBA, ANAMANGAD, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/STATE: ------------------------------- THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, AGALI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2894 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 489 B & C I.P.C. The crime was registered in 2001. The case was committed to the Court of Sessions and was numbered as S.C.No.778 of 2005. The petitioner did allegedly appear before the learned Sessions Judge and was enlarged on bail. But later he secured employment abroad and hence not able to appear before the learned Judge. Reckoning him as absconding, coercive processes have been issued against the petitioner. The petitioner finds such coercive processes issued by the learned Sessions Judge chasing him. He apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for Crl.M.C.No. 2894 of 2008 2 bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Judge, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge Crl.M.C.No. 2894 of 2008 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm