IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4835 of 2008() ------------------------------------ CP.23/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 AND 3 ---------------------- 1. SYAM RAJ R.S/O.RAJENDRAN KARTHIKA' TC.51/1388 VETTIKUZHY, SATHYA NAGAR, INDUSTRIAL ESTATE (P.O),THIRUVANANTHAPURAM. 2. PRASANTH.P.S/O.V.PREMKUMAR, HSRA -C-70 KALADY, KARAMANA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE ------------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4835 of 2008 ------------------------------------- Dated this the 12th day of December, 2008 ORDER Petitioners along with co-accused face indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. Committal Proceedings has been registered. The petitioners were not arrested at the crime stage or thereafter. Reckoning the petitioners as absconding accused, coercive processes have been issued against them. They apprehend imminent arrest in execution of such processes. 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. Crl.M.C. No.4835 of 2008 2 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 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, expeditiously - on the date of surrender itself and in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-