IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.MC.No. 2251 of 2008() ------------------------- CC.163/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER: ------------ 1. RATHEESH, S/O. MOORTHI, VALIYAVEED KALMANDAPAM, PALAKKAD-1 2. LAKSHMI,W/O. DEVARAJ GOUDER, VALIYAVEED KALMANDAPAM, PALAKKAD-1 BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,KOCHI-31. 2. S.I.OF POLICE TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT. BY P.P. SRI. C.M. KAMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2251 of 2008 ------------------------------------------------- Dated this the 17th day of June, 2008 ORDER The petitioners face indictment in a prosecution for offences, punishable, inter alia, under Sec.324 of the IPC. All offences are bailable, it is submitted. The petitioners had appeared before the learned Magistrate and were enlarged on bail. The trial had commenced. At the stage of 313 examination, the petitioners started not appearing before the learned Magistrate. Reckoning them as absconding accused, coercive processes have been issued against the petitioners. The petitioners apprehend imminent arrest in execution of such processes. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners, in these circumstances, want to surrender Crl.M.C. No.2251 of 2008 -: 2 :- before the learned Magistrate and seek regular bail. The petitioners apprehend that their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioners have come to this Court for a direction to the learned Magistrate to release them on bail when they appear before the learned Magistrate. 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 have no reason to assume that the learned Magistrate would not consider the petitioners' applications for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No.2251 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge