IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2583 of 2008() ------------------------- CP.75/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA .................... PETITIONERS/ACCUSED 2 TO 4: ----------------------------------------------- 1. BINU S. UNNITHAN, S/O. SUKUMARAN UNNITHAN MANNATHETHU VEEDU, THAZOOKKADAVU VALLIKKODE VILLAGE. 2. SURESH KUMAR, S/O. BHASKARAN NAIR PUNTHALA PUTHEN VEETTIL VAZHAMUTTOM WEST, IMALLUR VILLAGE. 3. SUDHEER KUMAR, S/O. BHASKARAN NAIR CHAITHYANYA VEETTIL VAZHAMUTTOM EAST, VALLIKKODU VILLAGE. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2583 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The learned Magistrate, after taking cognizance, issued only a summons under Section 204 Cr.P.C., it is submitted. On 17.6.2008 the petitioners appeared through counsel and applied for condoning their absence. That application was dismissed and the learned Magistrate has issued coercive processes against them to secure their presence. Such processes are chasing the petitioners now. The case stands posted to 11.7.2008. They apprehend imminent arrest. 2. Learned counsel for the petitioners submits that the petitioners are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. Crl.M.C.No. 2583 of 2008 2 They are willing to surrender before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioners on bail on the date of surrender itself. 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however Crl.M.C.No. 2583 of 2008 3 hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say their applicationa for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) as also in the light of the fact that the learned Magistrate had initially exercised his discretion under Section 204 Cr.P.C. to issue only a summons and not a warrant. In the peculiar facts and circumstances of this case, there shall be a further direction that the coercive processes issued against the petitioners shall not be executed till the next date of posting i.e. 11.7.2008. On or before that date the petitioners must surrender before the learned Magistrate and seek regular bail. 5. Hand over the order. (R. BASANT) Judge tm