IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH FEBRUARY 2007 / 24TH MAGHA 1928 Crl.MC.No. 362 of 2007() ------------------------ C.C.NO.873/2003 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, ALATHUR RE-NUMBERED AS C.C.NO.465/2006 PETITIONER: -------------------- 1. MOIDEEN, S/O.MOHAMMEDKUTTY, AGED 37 YEARS, KOTTAPURA HOUSE, NEAR BUS STAND, VADAKKENCHERY P.O., ALATHUR TALUK, PALAKKAD. 2. CHANDRAN, S/0.APPU, AGED 40, MANIKAPADOM HOUSE, VADAKKENCHERY P.O., ALATHUR TALUK. 3. SHAJU, S/O. JOSEPH, AMBATTU HOUSE, PANTHALAMPADOM, PANNIYANKARA P.O., VADAKKUMCHERY, ALATHUR TALUK. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, VADAKKENCHERY POLICE STATION, VADAKKENCHERY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.362 of 2007 ---------------------------------------- Dated this the 13th day of February 2007 O R D E R The first petitioner is the second accused and the petitioners 2 and 3 are the sureties of the first petitioner. The first petitioner faces allegations under Section 341 and 323 read with 34 I.P.C. Cognizance has already been taken. There were two accused. The case against the co-accused has been settled and the composition has been accepted by the learned Magistrate. The case against the first petitioner is continuing. Action under Section 446 Cr.P.C has been initiated against all the three petitioners. 2. The petitioners, in these circumstances, have come before this court. According to them, the matter has been settled and the offence compounded legally by the victim. The first petitioner is prepared to surrender before the learned Magistrate. The short prayer of the petitioner is that the application for composition, which the first petitioner and the defacto complainant shall file, may be considered on the date of surrender itself and if the case is not over on that date, the Crl.M.C.No.362/07 2 application for bail to be filed by the first petitioner may be considered and appropriate orders passed on the same day. 3. I find the said request to be justified. The first petitioner must appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which he 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 petitioner 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. If the first petitioner along with the complainant appears before the learned Magistrate and applies for composition, the learned Magistrate must consider the same expeditiously. The miscellaneous case registered against petitioners 1 to 3 consequent to non-appearance of the first petitioner must also be considered and disposed of expeditiously by the learned Magistrate. Crl.M.C.No.362/07 3 5. In the result, this Criminal Miscellaneous Case is dismissed but I may hasten to observe that if the first petitioner appears before the learned Magistrate and applies for composition of the offence allegedly committed by the first petitioner, the learned Magistrate must proceed to consider the said prayer and pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. The 446 Cr.P.C proceedings must also be completed expeditiously by the learned Magistrate. If the prayer for composition is not taken up for consideration or is not accepted by the learned Magistrate, the application for bail to be filed by the first petitioner must be considered and disposed of by the learned Magistrate, expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.362/07 4 Crl.M.C.No.362/07 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006