IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3371 of 2008() ------------------------------------- (C.C.NO.751/2006 OF THE J.F.C.M., KUNNAMKULAM) PETITIONERS:ACCUSED: -------------------------------------- 1. PRADEEP, S/O.VELAYUDHAN, KANDANKULANGARA HOUSE, PAZHUNNANA, CHEMMANTHITTA, THRISSUR DISTRICT. 2. GIMISH, S/O.MOHANAN, VETTATH HOUSE, PAZHUNNANA, CHEMMANTHITTA, THRISSUR DISTRICT. 3. VIJAYAKUMAR, S/O.BALAKRISHNAN, CHAKKAMADATHIL HOUSE, NONGALLUR, AGATHIYOOR, THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT:STATE: --------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION – THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 31. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3371 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 7 of the Essential Commodities Act. The case was registered as early as in 2006 as can be seen from the number assigned - C.C. 751 of 2006. The petitioners were enlarged on bail. They were allegedly appearing regularly before the learned Magistrate. But as there was no sitting of the court on two days and there was some confusion regarding the date of posting, the petitioners could not/did not appear before the learned Magistrate on the last two dates of posting i.e. 23.4.08 and 6.8.2008. Accordingly reckoning them as absconding accused, coercive processes have been issued against them. The petitioners find such processes issued by the learned Magistrate chasing them. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on Crl.M.C.No. 3371 of 2008 2 account of reasons beyond their control. 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). Crl.M.C.No. 3371 of 2008 3 4. This application is accordingly dismissed. I may however 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. In the peculiar facts and circumstances of this case there shall be a direction that the coercive processes issued against the petitioners shall not be executed till 19.9.2008. On or before that date the petitioners must appear before the learned Magistrate and seek regular bail. 5. Hand over the order. (R. BASANT) Judge tm