IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 287 of 2008() ---------------------------- CC.14/2006 of J.M.F.C.-II, ALUVA .................... PETITIONERS/ACCUSED NO.1 TO 4 ---------------------------------------------- 1. LIJO DAVIS, S/O.M.A.DAVIS, MELETH HOUSE, OLARIKKARA, THRISSUR. 2. SANTHOSH KUMAR, MATTARIPARAMBIL HOUSE, P.O.ANCHAPPALAM, KODUNGALLUR.P.O., NOW RESIDING AT VRINDAVAN HOUSING COLONY, MF-4, FLAT-123, PATTOM, THIRUVANANTHAPURAM. 3. GINZ GEORGE, S/O.GEORGE, THATTILMBAVU HOUSE, OLARIKKARA, THRISSUR. 4. SIJU JOSEPH, S/O.JOSEPH, MELETH HOUSE, OLARIKKARA, THRISSUR. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, KALAMASSERY. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 287 OF 2008 ------------------------------------------------- Dated this the 11th day of January, 2008 ORDER The petitioners face allegations for offences punishable, inter alia, under Secs.451 and 354 of the IPC. All the offences alleged are bailable, submits the learned counsel for the petitioners. The petitioners were arrested and enlarged on bail at the crime stage, it is submitted. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioners have not entered appearance so far. Consequently, warrants of arrest have been issued against the petitioners by the learned Magistrate. The petitioners find such warrants of arrest chasing them. 2. According to the petitioners, they are absolutely innocent. They have no knowledge of the proceedings. They B.A. No. 287 OF 2008 -: 2 :- are willing to surrender before the learned Magistrate and seek regular bail. The petitioners apprehend that their applications 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 petitioners have come to this Court for a direction to the learned Magistrate to release them on bail when they appears before the learned Magistrate. 3. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioners' applications 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 petition is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to B.A. No. 287 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. (R. BASANT, JUDGE) Nan/