IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 293 of 2009() ----------------------------------- (RIME NO.508/2003 OF KASARGOD POLICE STATION) PETITIONER(S): IST ACCUSED: ---------------------------------------------------- ABDUL NAZER.E.M., S/O.IBRAHIM, PALLIKANDAM, KOTTIKULAM. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 293 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 379 r/w. 34 I.P.C. He is the first accused. He was arrested and enlarged at the crime stage, it is submitted. After filing of the final report, he did not/could not appear before the learned Magistrate. Consequently reckoning the petitioner as an absconding accused, the case against him has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. He 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. 293 of 2009 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 Sessions 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 Crl.M.C.No. 293 of 2009 3