IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2659 of 2008() ------------------------- CC.1037/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA CRIME NO.124/98 OF KATTAKADA POLICE STATION .................... PETITIONERS: ACCUSED 1, 7 & 9 ------------ 1. SUNNY, S/O.DANIAL, AGED 48, PULLUVILAKATHU VEETTIL, MANKOTTUKONAM, MUZHUMANKODE MURI, KULATHUMMAL VILLAGE. 2. SURESH, S/O.YESHUDAS, AGED 37, CHERIKKODE PUTHEN VEETTIL, KARAMOODU, VELLARADA VILLAGE. 3. DAS, S/O.DANIAL, AGED 31, PULLUVILAKATHU VEETTIL, MANKOTTUKONAM, MUZHUMANKODE MURI, KULATHUMMAL VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS:COMPLAINANT & STATE ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2659 of 2008 ------------------------------------- Dated this the 15th day of July, 2008 ORDER Petitioners face indictment in a prosecution for the offence punishable under Section 498 A r/w 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Petitioners 2 and 3 had appeared earlier before the learned Magistrate and were enlarged on bail. The 1st accused has not been able to appear before the learned Magistrate at any time. Coercive processes are issued by the learned Magistrate against all the petitioners on the ground that they have defaulted in appearing before the learned Magistrate. Such processes issued by the learned Magistrate are chasing the petitioners. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. They are willing to surrender before the learned Magistrate and apply for bail. But they apprehend that their application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioners. Crl.M.C. No.2659 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 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. 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. (R.BASANT, JUDGE) rtr/-