IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2862 of 2008() ------------------------- AGAINST THE ORDER IN LP.1/2008 IN CC.627/2000 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... (CRIME NO.59/2000 OF NEYYARDAM POLICE STATION) PETITIONER: ACCUSED: ------------------------------------- SIRAJUDDEEN, AGED 36 YEARS, S/O ABUBEKKER, PLAVILA VEEDU, VAYYANAM MURI, ITTIVA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT:COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2862 of 2008 ------------------------------------------------- Dated this the 29th day of July, 2008 ORDER The petitioner is the sole accused in a prosecution for the offence punishable under Sec.498A IPC. The petitioner had once appeared before the learned Magistrate and was enlarged on bail. Thereafter, he could not appear as he had to leave India to take up employment abroad. Reckoning the petitioner as an absconding accused, coercive processes have been initiated against the petitioner by the learned Magistrate. The case against the petitioner has already been transferred to the list of Long Pending Cases. Coercive processes issued by the learned Magistrate are chasing the petitioner now. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 2862 of 2008 -: 2 :- 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 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). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Crl.M.C. No. 2862 of 2008 -: 3 :- Magistrate and seeks 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. (R. BASANT, JUDGE) Nan/