IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4583 of 2008() -------------------------------------- C.C.NO.62/08 OF JFCM III, PALAKKAD PETITIONER(S): ACCUSED NO.1 / PETITIONER/ACCUSED NO.2: ---------------------------------------------------------------------------------------------- 1. GANGADHARAN, S/O.VELAYUDHAN, AGED 52, ATTILAMPARA, THENARI P.O., PALAKKAD. 2. MANI.K., S/O.KANDU, AGED 54, ATHIRAMKADU HOUSE, ELAPULLY, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4583 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sections 341 and 188 I.P.C. They were not arrested at any stage. Cognizance has been taken. According to the petitioners they had not received any notice. Reckoning the petitioners as an absconding accused, coercive processes have been issued against them. The petitioners find such processes issued by the learned Magistrate chasing them. 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. 4583 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. 4583 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm