(1.) The petitioner faces indictment in a prosecution for the offence punishable interalia under Section 308 read with 149 I.P.C. According to him, he has not been served at all. He has therefore not appeared before the learned Magistrate. The learned Magistrate, in the committal proceedings, has issued a non-bailable warrant to secure the presence of the petitioner. The petitioner now wants to surrender before the learned Magistrate but apprehends that the learned Magistrate may not consider his application for bail on merits, in accordance with law and expeditiously.
(2.) I find no basis in the apprehension at all. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. I have no reason to assume that the learned Magistrate is not aware of the said decision or shall not comply with the said decision. He must do the same.
(3.) In the result, this Criminal Miscellaneous Case is dismissed but with the 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 unless there are exceptional and compelling reasons. Hand over copy of this order to the learned counsel for the petitioner.