IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4481 of 2008() ------------------------- CC.58/2007 of THE MUNSIFF MAGISTRATE COURT, PARAVOOR .................... PETITIONER(S): 6TH AND 8TH ACCUSED --------------- 1. KAVIRAJAN, AGED 28 YEARS, S/O.GOPI, OLIPPUVILA VEEDU, CHIRAKKARATHAZHAM.P.O, CHIRAKKARA VILLAGE, KOLLAM DISTRICT. 2. RAMANAN, AGED 27 YEARS, S/O.RAJAN, CHARUVILA VEEDU, CHIRAKKARATHAZHAM.P.O, CHIRAKKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARIPPALLY, KOLLAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4481 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sections 452 and 326 r/w. 149 I.P.C. Investigation is complete. Final report has already been filed. The learned counsel for the petitioners submits that they were not arrayed as accused in the F.I.R. or at any stage prior to the filing of the final report. Final report has been filed showing the petitioners as absconding accused. Cognizance has been taken and coercive processes have now been issued against 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. Crl.M.C.No. 4481 of 2008 2 It is in these circumstances prayed that appropriate directions 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. 4481 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm