IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH MAY 2007 / 3RD JYAISHTA 1929 Crl.MC.No. 1669 of 2007() ------------------------- CC.164/1999 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER/ACCUSED: -------------------------------- MOHAN.R. S/O.KANNU, AGED 35 YEARS, 23, MEENAVAR STREET, SANKARAPURAM, VILLUPURAM DISTRICT, TAMIL NADU. BY ADV. SRI.G.HARIHARAN RESPONDENT/STATE & COMPLAINANT: -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1669 of 2007 ---------------------------------------- Dated this the 24th day of May 2007 O R D E R The petitioner faces indictment in a prosecution under Section 279 and 304 A I.P.C. The case against him has been registered as C.C.No.164/99. The petitioner has not entered appearance so far. A warrant of arrest has been issued against him by the court. 2. According to the petitioner, he had no knowledge of the pendency of the case. He is willing to surrender before the learned Magistrate and seek 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. In these circumstances, he has come to this court with the prayer that powers under Section 482 Cr.P.C may be invoked and appropriate directions issued. 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 Crl.M.C.No.1669/07 2 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 today itself. (R.BASANT, JUDGE) jsr Crl.M.C.No.1669/07 3 Crl.M.C.No.1669/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF APRIL 2007