IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Crl.MC.No. 3070 of 2008() ------------------------- CRIME NO.769/07 OF PATHANAMTHITTA POLICE STATION PETITIONER: ACCUSED NOS. 1 TO 4 ------------------------------- 1. LOUIS @ SABUDHEEN, S/O.ABOOBACKER, THANIMOOTTIL HOUSE, KUMBAZHAMURI, KULASEKHARAPATHI, PATHANAMTHITTA DISTRICT. 2. IMAM @ IMAMUDHEEN, MUBARAK MANZIL, KUMBAZHAMURI, KULASEKHARAPATHI, PATHANAMTHITTA DISTRICT. 3. THAMBI @ SHAFEEQUE, S/O.SHAHUL HAMEED, PEERUKANNUPURAYIDAM HOUSE, VETTIPRAM MURI, PATHANAMTHITTA DISTRICT. 4. MUHAMMED SHA, S/O.MUHAMMED IBRAHIM, KUMBANGA MANNIL HOUSE, VETTIPRAM MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3070 of 2008 ------------------------------------- Dated this the 13th day of August, 2008 ORDER Petitioners face indictment as accused in a prosecution for offences punishable, inter alia, under Sections 326 and 308 r/w 149 I.P.C. It is submitted that the investigation is complete and the final report has already been filed. The petitioners are unable to furnish the number of the case registered on the basis of the final report. The petitioners were not arrested in the course of investigation. They apprehend that they may be arrested in execution of coercive processes which may be issued by the learned Magistrate after taking cognizance. 2. The petitioners must appear before the Investigating Officer or the learned Magistrate and then seek regular bail. It is for the petitioners to explain to the learned Magistrate why they were not available for arrest earlier. 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 Crl.M.C. No.3070 of 2008 2 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. 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 and expeditiously - on the date of surrender itself, in the light of the decision in Sukumari v. State of Kerala [2001(1) K.L.T 22]. (R.BASANT, JUDGE) rtr/-