IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929 Crl.MC.No. 2192 of 2007() ------------------------- PETITIONER: ACCUSED IN L.P.142/2005 OF JFCM, PARAPPANANGADI: ------------------------------------------------------------ E.SURESH, S/O.KRISHNANKUTTY, EDASSERY HOUSE, KERALADEESWARAPURAM, THANNOOR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.R.SUDHISH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING SHO, THANNUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = Crl.M.C. No.2192 Of 2007 = = = = = = = = = = = = = = Dated this the 9th day of July, 2007 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 283 read with 149 IPC. The learned counsel for the petitioner submits that all offences alleged against the petitioner are bailable offences. Investigation is complete. Cognizance has been taken. Consequent to non appearance of the petitioner, the learned Magistrate had transferred the case to the list of long pending cases and the same is pending as L.P.No.142/05. According to the petitioner he is innocent. His absence was not wilful and was on account of reasons beyond his control, it is submitted. The petitioner is prepared to surrender before the learned Magistrate and is willing to co-operate with the Court for the expeditious disposal of the case against him. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He therefore prays that a direction may be issued under section 482 Cr.P.C. to the learned Magistrate to release his on bail when he appears and applies for bail. 2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances Cr.M.C.No.2192of 2007 2 under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. This Crl.M.C.is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself, unless there are compelling reasons. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE