IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH JANUARY 2007 / 14TH POUSHA, 1928 Crl.MC.No. 31 of 2007() ----------------------- CC.931/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER: ACCUSED -------------------- RAMACHANDRAN, KALEEYILKARA VEEDU, KOTTAKKADAM, PERINADU, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: COMPLAINANT ------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANJALUMOODU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.A. AKBAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 31 of 2006 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. Cognizance has been taken by the learned Magistrate. The petitioner has not entered appearance. The learned Magistrate has issued warrant of arrest to procure the presence of the petitioner. Petitioner is willing and wants to surrender before the learned Magistrate. He has come to this court with this petition praying that the learned Magistrate may be directed to release him on bail when he appears and applies for bail. 2. 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 Magistrate would not consider the application for bail on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient Crl.M.C.No. 31 of 2006 2 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). 3. This Crl.M.C. is accordingly dismissed, but subject to the above observations/directions. I may 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 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm