IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Crl.MC.No. 2958 of 2008() ------------------------- SC.302/2008 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER/ACCUSED: --------------------------------- N.K. UMESH, S/O. SREENIVASAN RESIDING AT LAKSHMANA, PALLIKUNNU AMSOM DESOM KANNUR DIST. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT/COMPLAINANT: --------------------------------------- STATE OF KERALA, REP. BY S.I. OF POLICE KANNUR CITY POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2958 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2008 O R D E R The petitioner is the first accused and he faces indictment in a prosecution for offences punishable, inter alia, under the Explosive Substances Act. The petitioner had earlier appeared before the committal court. The case against the accused persons (two in number) was committed to the Court of Sessions. The co-accused stood trial. He was found not guilty and acquitted. The petitioner was not available for trial. The case against him has been split up. Coercive processes have been issued against the petitioner. He finds such processes issued by the learned Magistrate chasing him. 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 Asst. Sessions Judge, but he apprehends that his Crl.M.C.No. 2958 of 2008 2 application for bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. 3. It is certainly for the petitioner to appear before the learned Asst. 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 Asst. 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. 2958 of 2008 3 must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Though several other grievances are also raised in this Crl.M.C., at the stage of arguments, only the above reliefs are pressed. The counsel for the petitioner makes a further submission that the petitioner may be permitted to appear through counsel. His personal appearance may be exempted. After appearing before the learned Asst. Sessions Judge and after obtaining bail, he can certainly apply for exemption from personal appearance and the learned Judge must consider such prayer on merits and pass appropriate orders. (R. BASANT) Judge tm