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. 1664 of 2007() ------------------------- CC.721/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, NEDUMANGAD .................... PETITIONER: ACCUSED --------------------------------- NIZAMUDHEEN, S/O ABDUL WAHAB, THEKKENKARAMURI, NEDUMANGAD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB 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.1664 of 2007 ---------------------------------------- Dated this the 24th day of May 2007 O R D E R The petitioner faces indictment in a prosecution under Sections 354 and 341 I.P.C. The petitioner had appeared before the learned Magistrate and was enlarged on bail. He did not appear before the learned Magistrate on one date of posting. Thereupon warrant of arrest has been issued against the petitioner. The petitioner submits that he is willing to surrender 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. He prays that appropriate directions may be issued under Section 482 Cr.P.C. 2. 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 Crl.M.C.No.1664/07 2 application for bail on merits, in accordance with law and expeditiously. 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]. 3. 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. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1664/07 3 Crl.M.C.No.1664/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF APRIL 2007