IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2904 of 2008() -------------------------------------- (C.C.87/08 OF JFCM COURT II (FOREST OFFENCES)PUNALUR) PETITIONERS: ACCUSED: ---------------------------------------- 1. SOJAN, AGED 35, S/O. THOMAS, VADAKKEKARA HOUSE, MUKUNDAPURAM TALUK, KUTTICHIRA VILLAGE, VEERANCHIRA KARA. 2. EDISON ANTONY, AGED 40 YRS, S/O. ANTONY, ANCHANIKKAL HOUSE, MANKULAM.P.O, IDUKKI DISTRICT. BY ADV. SRI.K.V.SABU RESPONDENT: COMPLAINANT: ----------------------------------------------- RANGE OFFICER, NEYYAR RANGE, THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2904 of 2008 ------------------------------------------------- Dated this the 31st day of July, 2008 ORDER The petitioners face indictment in a prosecution under the Kerala Forest Act. The petitioners were arrested and enlarged on bail at the crime stage, it is submitted. Cognizance has already been taken. Calendar Case has been registered against the petitioners. They have not appeared before the learned Magistrate so far. 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 before the learned Magistrate and seek regular bail. The Crl.M.C. No. 2904 of 2008 -: 2 :- 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. 2904 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/