IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 2171 of 2008() ------------------------- CC.307/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY CRIME NO.94/03 OF WADAKKANCHERY POLICE STATION .................... PETITIONER: 4TH ACCUSED ----------------------- 1. NISHAD, S/O.MUHAMMEDKUTTY, AGED 26 YEARS PUTHUVEETTIL HOUSE, ERATTUKULANGARA, WADAKKANCHERY VILLAGE. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, WADAKKANCHERRY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2171 of 2008 ------------------------------------------------- Dated this the 10th day of June, 2008 ORDER The petitioner faces indictment as the 4th accused in a prosecution for offences punishable, inter alia, under Sec.324 of the IPC. All offences are bailable, it is submitted. The petitioner has not appeared before the learned Magistrate after cognizance was taken. Reckoning him as an absconding accused, coercive process have been issued against the petitioner. 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 Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be Crl.M.C. No. 2171 of 2008 -: 2 :- 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). 5. 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 Crl.M.C. No. 2171 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. 6. Hand over a copy of this order to the learned counsel for the petitioner. sD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge