IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2542 of 2008() ------------------------- CC.86/1996 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER/ACCUSED 2 & 8: ------------------------------------------ 1. E. VINODKUMAR, S/O. LATE LAZER EDACHERY AGED 52 YEARS, 30/A1 YASMIA BUILDING NR. SHARJAH CRICKET STADIUM, SHARJAH, UAE PERMANENT RESIDENT OF 'PRELUDE' KANNUR CANTONMENT, KANNUR -13. 2. JULIAN LESTER SPADIGAM, P.O. BOX 6358 SHARJAH, UAE, PERMANENT RESIDENT OF 'BETHEL', ONDEN ROAD, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS/COMPLAINANT: ------------------------------------------ 1. THE STATION HOUSE OFFICER, KANNUR CITY POLICE STATION, KANNUR CITY. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2542 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 O R D E R The petitioners, along with the co-accused (the petitioners were arrayed as A3 and A8) face indictment in a prosecution for offences punishable, inter alia, under Section 431 I.P.C. All offences are bailable, submits the learned counsel for the petitioners. The petitioners were not available for trial. The co- accused were tried, found not guilty and acquitted. The case against the petitioners has been split up. They apprehend imminent arrest in execution of the coercive processes issued against them by the learned Magistrate. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. They are willing 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. Crl.M.C.No. 2542 of 2008 2 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 Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must Crl.M.C.No. 2542 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Though several other reliefs have also been claimed in the petition, at the time of hearing only the relief granted above is pressed. 5. Hand over the order. (R. BASANT) Judge tm