IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2567 of 2008() ------------------------- CC.208/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO.318/05 OF MANJESHWAR POLICE STATION. .................... PETITIONER: ------------ 1. YOUSEF,S/O.MOHAMMAD, AYSHA MANZIL, SONAKAL, KODIABAIL VILLAGE, KASARAGOD. 2. ABDUL RAHIM, S/O. LATE MAMUNHI SONAKAL, KODIABAIL VILLAGE, KASARAGOD. 3. NIZAMUDHEEN,S/O,. ABDULLA TIMBER SUHANA MANZIL, MANNANKUZHI, KASARAGOD. 4. ADUL HAMEED, S/O. USMAN, IQMATH MANZIL, MUNNALAGE, KASARAGOD. 5. SHAMSHEEN MA, S/O. ABDULLA TIMBER SUHANA MANZIL, MANNANKUZHI, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, MANJESHWAR POLICE STATION REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ADLI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2567 of 2008 ------------------------------------------------- Dated this the 9th day of July, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.324 read with Sec.34 of the IPC. The trial is over practically. The case was posted for 313 examination on 26/4/08. According to the petitioners, on that day also they were present in court. But unfortunately, on account of the crowd in front of the court hall, they could not find their way into the court hall in time when the case was called. Consequently, reckoning them as absent, coercive processes have been issued against the petitioners. Such processes are chasing the petitioners now. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. Crl.M.C. No. 2567 of 2008 -: 2 :- The petitioners, in these circumstances, want to surrender before the learned Magistrate and seek regular bail. The 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. 2567 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. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioners shall not be executed till 16/7/08. On or before that date, the petitioners shall surrender before the learned Magistrate and seek regular bail. (R. BASANT, JUDGE) Nan/