IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2903 of 2008() ------------------------------------- C.P.NO.140/2007 OF JUDICIAL FIRST CLASS MAGISTRATE,CHALAKKUDY .... (CRIME NO.347/2005 OF VELLIKULANGARA POLICE STATION) PETITIONER: ACCUSED: ------------------------------------- SUNNY, S/O.DEVASSY, KOOTTATHIVEETIL, KUTTICHIRA VILLAGE, PONNAMBIOLY DESOM, KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTORT, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2903 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.307 IPC. Investigation is complete. Cognizance has already been taken by the learned Magistrate. Committal proceedings are pending. The petitioner has not been arrested and released on bail so far, it is submitted. He has not appeared before the learned Magistrate after initiation of the committal proceedings. Reckoning the him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The Crl.M.C. No. 2903 of 2008 -: 2 :- 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 Magistrate and seeks bail, after giving sufficient prior notice to Crl.M.C. No. 2903 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 application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT, JUDGE) Nan/