IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4998 of 2008() ------------------------- CC.1162/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ACCUSED ---------------------- 1. RATHEESH KUMAR, S/O.GOPALAKRISHNAN KAVUMPURATHU HOUSE, THELLIYOOR, THELLIYOOR VILLAGE 2. ANIL KUMAR, S/O.RAJAPPAN, SANTHA BHAVAN, MUNDAMALA, PURAMATTOM VILLAGE. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): --------------- STATE OOF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4998 of 2008 ---------------------------------------- Dated this the 19th day of December 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable inter alia under Section 3(2) of the P.D.P.P.Act. The petitioners had entered appearance. They were enlarged on bail. Cognizance was taken in 2002 as it is revealed from the number assigned to the case C.C.No.1162/2002. The petitioners did not appear before the learned Magistrate thereafter. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. The petitioners find such processes chasing the petitioners. The petitioners apprehend imminent arrest. 2. According to the petitioners they are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They, therefore, pray that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the Crl.M.C.No.4998/08 2 petitioners 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. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioners on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is 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, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No.4998/08 3 Crl.M.C.No.4998/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008