IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Crl.MC.No. 2291 of 2008() ------------------------- C.C.8\668 OF 2004 OF J.M.F.C, THIRUVALLA PETITIONERS: ACCUSED 1 AND 2 ------------ 1. SOBHANA KUMARI, W/O.REGHUNATHAN PILLAI, MANALUMUNDAKATHIL HOUSE, ALAMTHURUTHI MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK. 2. REGHUNATHAN PILLAI, MANALUMUNDAKATHIL HOUSE, ALAMTHURUTHI MURI, KAVUMBHAGOM VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE AND COMPLAINANT ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2291 of 2008 ------------------------------------- Dated this the 18th day of June, 2008 ORDER Petitioners face indictment in a prosecution under Section 420 I.P.C. Cognizance was taken in the year 2004. The petitioners have not entered appearance so far. Reckoning them as absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. The petitioners find such processes chasing them. They 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.2291 of 2008 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 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/-