IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 493 of 2009() ------------------------ CC.253/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): --------------- 1. RAJESH, 32 YEARS, S/O.SATHYASENAN, VAZHAPANNA VETTIL, NEAR KAZHAKOOTTAM RAILWAY CROSS KAZHAKOOTTAM VILLAGE. 2. SURESH, 38 YEARS, S/O.SADHANATHAN, VAZHAPPANA VEEDU NEAR RAILWAY CROSS, KAZHAKOOTTAM VILLAGE. 3. MAHESH, 28 YEARS, S/O.SATHYASENAN, VAZHAPPANA VEETTIL, NEAR KAZHAKOOTTAM RAILWAY CROSS, KAZHAKOOTAM VILLAGE. BY ADV. SRI.P.M.JOSHI SMT.JINU JOHN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION, KAZHAKUTTAM, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.493 of 2009 ---------------------------------------- Dated this the 2nd day of February 2009 O R D E R Petitioners face indictment in a prosecution for offences punishable inter alia under Section 326 read with 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Petitioners were not arrested in the course of investigation. Investigation is now complete and final report has been filed showing the petitioners as absconding accused. However the learned Magistrate, advisedly, I must presume, has chosen to issue only a summons and not a warrant of arrest under Section 204 Cr.P.C. I would have expect the petitioners to surrender and seek regular bail; but the learned counsel for the petitioners submits that the petitioners apprehend that they having been shown as absconding in the final report, the learned Magistrate may refuse to grant them bail. 2. I find absolutely no merit in the apprehension of the petitioners. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police Crl.M.C.No. 493/09 2 [2003(1)KLT 339] and Sreekumar v. State of Kerala [2008 (3) KLT 748]. It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George and Sreekumar (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. Application for regular bail to be filed by the petitioners when they appear in response to summons issued by the court must be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of appearance itself in the light of the two decisions referred above. If the directions are not complied with, the avenues of challenge/complaint are available for the petitioners. 4. In the result, this petition is dismissed subject to the above specific observations. 5. Hand over copy of this order to the learned counsel for the petitioners for production before the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No. 493/09 3 Crl.M.C.No. 493/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008