IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 257 of 2009() ------------------------ CC.410/2008 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- 1. SHERIF, S/O.MOIDEENABHA, PALLAM HOUSE, B ADAJE HOUSE,MANJESWARAM KASARGODE. 2. YAKKOB, S/O.MOIDEENABHA,PALLAM HOUSE, BADAJE HOUSE,MANJESWARM KASARGODE. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR OG HIGH COURT OF KERALA, ERNAKULAM. 2. ANASEESA, AYASHA MANZIL, W/O.SHARIF, PAIVALIAK, KASARGODE. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.257 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER Petitioners face indictment in a prosecution for the offence punishable under Section 498 A r/w 34 I.P.C. The petitioners are the husband and brother in law of the defacto complainant. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioners were not arrested at the crime stage or thereafter. Reckoning them as absconding accused, coercive processes have been issued by the learned Magistrate against the petitioners. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. They are willing to surrender before the learned Magistrate and apply for bail. But they apprehend that their application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioners. 3. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C. No.257 of 2009 2 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-