IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2620 of 2008() ------------------------- CC.311/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER: 1ST ACCUSED ----------------------- M.MUSTAFA, AGED 38 YEARS, S/O.KUNCHEEN, MULAKKAL HOUSE, P.O, VAIRAMCODE, VIA, THIRUNAVAYA, MALAPPURAM (DT). BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: DEFACTO COMPLAINANT & STATE ---------------------------------------- 1. SMT.SHABANA, D/O.MUHAMMED, MEENAKSHI MANDIR, NEAR INDIAN EXPRESS WEST HILL, KOZHIKODE. 2. S.I.OF POLICE, NADAKKAVU THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2620 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 498A I.P.C. He is the husband of the defacto complainant, the first respondent herein. Investigation is complete. Cognizance has been taken. The co-accused have been granted anticipatory bail. The petitioner, who was not available in India, has not been arrested or enlarged on bail so far. As he has not entered appearance, reckoning him as an absconding accused, coercive processes have been issued against him by the learned Magistrate. The petitioner apprehends imminent arrest. 2. According to the petitioner he is absolutely innocent. His absence was not willful or deliberate, but on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 2620 of 2008 2 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm