IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 642 of 2008() ---------------------------- CC.216/2007 of C.J.M.,KOLLAM CRIME NO.293/2007 OF KOLLAM EAST POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 & 3 : ----------------- 1. RADHIKA, W/O.SUKUMARAN, SURABHI, ASRAMOM, KOLLAM. 2. SUKUMARAN, SURABHI, ASRAMOM, KOLLAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT: ------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008 ALONG WITH B.A.NO.644/08, THE COURT ON PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.642 & 644 of 2008 ---------------------------------------- Dated this the 28th day of January 2008 O R D E R These applications are for anticipatory bail. The common petitioners face indictment in two separate crimes both registered for offences punishable inter alia under Section 468 I.P.C. Investigation is complete. Final report has already been filed. The petitioners were not arrested in the course of the investigation. Cognizance has been taken by the learned Magistrate. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners. Such processes are chasing the petitioners now. 2. According to the petitioners, they are absolutely innocent. They had no knowledge of the pendency of the proceedings. They are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They, therefore, pray that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioners on bail when they appear and apply for bail. B.A.Nos.642 & 644 of 2008 2 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioners on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, these bail applications are dismissed but with the specific observation that if the petitioners surrender 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. (R.BASANT, JUDGE) jsr B.A.Nos.642 & 644 of 2008 3 B.A.Nos.642 & 644 of 2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007