IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Crl.MC.No. 2484 of 2008() ------------------------- CC.314/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED ------------------- JOBI @ JOSEPH JOBI, AGED 31 YEARS, S/O.RAPHAEL, KALVARIMOUND, NEAR POWER HOUSE, ALUVA WEST, NOW RESIDING AT VADYAIL HOUSE, NEAR ANGANVADI, KULAKADAVU, ERUMATHALA P.O. ALUVA. BY ADV. SRI.T.D.ROBIN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2484 of 2008 ------------------------------------------------- Dated this the 3rd day of July, 2008 ORDER The petitioner is the 6th accused and he, along with the co-accused, faced indictment for offences punishable, inter alia, under Sec.325 read with Sec.149 of the IPC. The petitioner had also entered appearance. But as he secured a job abroad, he was constrained to leave India. The case against the co-accused stands listed for trial. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is now willing to appear before the learned Magistrate and prays that the trial against him may be taken up along with the trial of the Crl.M.C. No. 2484 of 2008 -: 2 :- co-accused. 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 Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No. 2484 of 2008 -: 3 :- 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. Needless to say, the learned Magistrate must undertake the trial against the petitioner herein along with those of the co-accused which trial stands listed to 9/7/08 as submitted by the learned counsel for the petitioner. 5. Hand over a copy of this order to the learned counsel for the petitioner. sD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge