IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MARCH 2007 / 7TH CHAITHRA 1929 Crl.MC.No. 992 of 2007() ------------------------ C.C.NO.803/2003 OF J.F.C.M-I, KOLLAM, NOW PENDING AS L.P.18/06 .................. PETITIONERS: ACCUSED 1 AND 2 ------------ 1. ANILKUMAR, S/O.KUNJIRAMAN, `CHITHIRA', PERUNGALAM MURI, MUNDROTHURUTH VILLAGE, KOLLAM. 2. SUDHAKARAN, S/O.RAGHAVAN, PUTHUVAYALIL VEEDU, KIDAPRAM MURI, MUNDROTHURUTH VILLAGE, KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------- THE SUB INSPECTOR OF POLICE 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 28/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.992 of 2007 ------------------------------------- Dated this the 28th day of March, 2007 ORDER The petitioners face indictment in a prosecution, inter alia, under Section 379 I.P.C and Section 4 of the Mines and Minerals Act, 1957. The petitioners were earlier released on bail. But consequent to their non appearance, the learned Magistrate has issued a warrant of arrest against the petitioners to procure their presence. The case has now been transferred to the list of Long Pending Cases also. 2. The petitioners now want to appear before the learned Magistrate. They apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The petitioners therefore pray that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release them on bail when they appear and apply for bail. 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. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. I have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Crl.M.C.No.992 of 2007 2 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 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 and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-