IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 2009 of 2008() ------------------------- AGAINST THE ORDER IN L.P.C 12/2002 IN CC.571/1998 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER/ACCUSED: ------------ K.M.MOHAMMAD ABDULRAHMAN S/O.ABDULLA, K.M.HOUSE, EDNAR, KASARAGOD BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, REP BY SHO KASARAGOD POLICE STATION, REP BY PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2009 of 2008 ---------------------------------------- Dated this the 23rd day of May 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The case was initially numbered as CC.No.571/98. The petitioner was initially enlarged on bail. But later he started not appearing. The case has now been transferred to the list of long pending cases and remains in the list of 2002. Coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. 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 directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. Crl.M.C.No.2009/08 2 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2009/08 3 Crl.M.C.No.2009/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007