IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Crl.MC.No. 2207 of 2008() ------------------------- CC.252/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER: ACCUSED A1 TO 6, 8TO12, 14,15,17,18 AND 21 ------------------------------------------------------ 1. PRADEEP KUMAR, AGED 40 YEARS, S/O.GOPALAKRISHNAN, MANGLA, WEST HIL, KOZHIKODE (MLA) 2. K.D.PRASENNAM, AGED 45 YEARS, S/O/DEVADAS,, KATTUSSERY HOUSE, ALATHUR,PALAKKAD ( DISTRICT PANCHAYAT MEMBER) 3. M.B.RAJESH, AGED 36 YEARS, S/O. BALAKRISHNAN, KAILIYAD, MAMPOTTA, SHORNUR, PALAKKAD STATE PRESIDENT OF DYFI. 4. MOHANARAJ, 43 YEARS, S/O.MADHAVAN, OTTUPURAKKAL, THAVALAM, MANKARA, PALAKKAD 5. T.R.RAJESH, AGED 35 YEARS, S/O.RAJENDRAN , KALESH BHAVAN,KALLEKKAD, PALAKKAD. 6. RATHEESH, A31 YEARS, S/O.SETHUMADHAVAN EXHAKKAD HOUSE, KALPATHY, PALAKKAD. 7. HARIDAS, 32 YEARS, S/O.KUPPANKUTTY, ENNAPPADAM, EDAPULLY,PALAKKAD 8. K.RAJESH, AGED 35 YEARS, S/O.RAGHAVAN KAVUNGAL VEEDU, SEKHARIPURAM, PALAKKAD 9. SURESH, AGED 34 YEARS, S/O.KASU KONGASPADAM, AKATHETHARA, PALAKKAD 10. AJITH, AGED 41 YEARS, S/O.GOPINATHAN, TH ONIKKARA, CHERAYA, KONGAD. 11. NITHINKANICHERY, 28 YEARS, S/O.RASHEED- KANICHERRY, KANICHERI HOUSE, KARINGARAPULLY PALAKKAD -: 2 :- 12. SOMASUNDARAN, 34,YEARS, S/O.ANNAMALAI VADAKKECHANTH, KODUMB, PALAKKAD 13. KRISHNAPRASAD, 35 YEARS, S/O.GOPALAN,CH- ANBANKAD HOUSE KODUVAYUR , PALAQKKAD. 14. SAMEERKHAN, 41 YEARS, S/O.MAJEED, AKG NAGAR COLONY, PALAKKAD. 15. UDAYAKUMAR, 34 YEARS, S/O.SUBRAMANIYAN ALINGAL HOUSE, KUZHALMANNAM, PALAKKAD 16. SUNILKUMAR, AGED 34 YEARS, S/O. VASU, VASAVI, AYYAPPANKAVU, SEKHARIPURAM, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PREOSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2. S.I. OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2207 of 2008 ------------------------------------------------- Dated this the 12th day of June, 2008 ORDER The petitioners – 16 in number, face indictment in a prosecution for offences punishable, inter alia, under Secs.283 and 186 read with Sec.149 of the IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioners have not been arrested at the crime stage or thereafter. They have not appeared before the learned Magistrate so far, though cognizance was taken in 2006. Coercive process have been issued against the petitioners. The petitioners apprehend imminent arrest in execution of such process. 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. 2207 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 Crl.M.C. No. 2207 of 2008 -: 3 :- the Prosecutor in charge of the case, the learned Magistrate 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