IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.MC.No. 3175 of 2008() ------------------------- CRIME NO. 547/06 OF PATTAMBI POLICE STATION ST.1968/2006 MUNSIFF MAGISTRATE COURT, PATTAMBI .................... PETITIONERS: ------------ 1. IBRAHIM, S/O. UMMER, AGED 23 YEARS JMALEPATTTHODI VEEDU, KOPPAM. 2. ABOOBACKER, S/O. MOIDU, AGED 35 YEARS SAGAKOTHAHTHIL HOUSE, KOPPAM. 3. YAKOOB ALI @ YAKOOB, 19 YEARS S/O. ABBAS, MADAMPARAMBU HOUSE, KOPPAM. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PATTAMBI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3175 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 O R D E R The petitioners face indictment in a prosecution for the offence punishable under Section 269 r/w. 34 I.P.C. Altogether there are three accused persons. The petitioners had entered appearance and were enlarged on bail. But on the ground that the petitioners had not entered appearance personally on a date when the case was posted for hearing and their counsel had represented no instruction, the learned Magistrate has now issued coercive processes against them. Such processes are chasing them. They apprehend imminent arrest. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. The second accused was conducting the case on behalf of the three accused. They could not appear on a date when the case was posted for hearing and the counsel has hence reported no instruction. They are willing Crl.M.C.No. 3175 of 2008 2 to surrender before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioners on bail on the date of surrender itself. 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Crl.M.C.No. 3175 of 2008 3 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm