IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 4062 of 2008() --------------------------------------- C.P.141/2007 AS LPC.7/2008 OF JUDICIAL FIRST CLASS MAGISTRATE,PAYYANNUR (CRIME NO.314/2006 OF PAZHAYANGADI POLICE STATION) ...... PETITIONER(S): ACCUSED: ---------------------------------------- ANSARI.K.V., MATTOOL CENTRAL, P.O.MATTOOL, KANNUR DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THE S.H.O.PAZHAYANGADI. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4062 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner faces indictment as the first accused in a prosecution for offences punishable, iner alia, under Section 307 I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The petitioner, it is submitted at the Bar, was released on bail at the crime stage. But after taking cognizance by the learned Magistrate and registration of the committal proceedings the petitioner has not been able to appear. He case against him has now been transferred to the list of long pending cases. Coercive processes have been issued against him. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner he is absolutely innocent. No summons, notice or processes of the court was ever served on him after cognizance was taken. He is willing to surrender Crl.M.C.No. 4062 of 2008 2 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. 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 Crl.M.C.No. 4062 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm