IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2549 of 2008() ------------------------- CRIME NO. 154/07 OF IRITTY POLICE STATION CP.31/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONERS/ACCUSED 10 & 11: ------------------------------------------- 1. VIJESH @ BICHU, S/O. MAMMEN KANDATHIL HOUSE, MALOOR AMSOM PADUPARA, KANNUR DIST. 2. SUNIL @ SUNIL KUMAR, S/O. VASU KOLLANANDI HOUSE, PADUPARA, KANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE: ----------------------------------------------------- 1. SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. THE 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 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2549 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 307 r/w.149 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners have not entered appearance so far. Reckoning them as absconding, coercive processes have been issued against them by the learned Magistrate. They apprehend imminent arrest. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on 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 Crl.M.C.No. 2549 of 2008 2 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 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 Crl.M.C.No. 2549 of 2008 3 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) also. 5. Hand over the order. (R. BASANT) Judge tm