IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Crl.MC.No. 2374 of 2008() ------------------------- CRIME NO.123/99 OF THE MUSEUM POLICE STATION .................... PETITIONER: ------------ 1. PRADEEPKUMAR.K., AGED 36 YEARS S/O. KRISHANKUTTY, THULASI MANDIRAM HARBOUR ROAD, THOZICHAL, VIZHINJAM P.O. THIRUVANANTHAPURAM. 2. ANIL KUMAR, P., AGED 41 YEARS S/O. PANKAJAKSHAN NAIR INDIRA BHAVAN, KARIYAM, SREEKARYAM, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE MUSEUM POLICE STATION THIRUVANANTHAPURAM DISTRICT BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2374 of 2008 ------------------------------------------------- Dated this the 24th day of June, 2008 ORDER The petitioners face indictment in a prosecution for offence punishable under Sec.324 read with Sec.34 of the IPC. The crime was registered in 1999. Final report has been filed. Cognizance has been taken. The petitioners have not been arrested so far. They have not appeared before the learned Magistrate. In these circumstances, coercive processes have been issued against the petitioners by the learned Magistrate. Such coercive processes chasing the petitioners now. They apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners, in these circumstances, want to surrender before the learned Magistrate and seek regular bail. The Crl.M.C. No.2374 of 2008 -: 2 :- petitioners apprehend that their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioners have come to this Court for a direction to the learned Magistrate to release them on bail when they appear before the learned Magistrate. 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 the petitioners' applications for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to Crl.M.C. No.2374 of 2008 -: 3 :- 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. (R. BASANT, JUDGE) Nan/