IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2044 of 2008() ------------------------- CRIME NO. 97/06 OF KAZHAKKOOTTAM POLICE STATION PETITIONER: ACCUSED ------------------- 1. CHANDRAN, S/O.SIVARAJAN,SIVARAJA BHAVAN, SETTLEMENT COLONY, MANVILA, KONDUMURI MURIYIL, ATIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. BINU @ KUTHU DEEPU, S/O.BABU, SIVARAJA BHAVANAM, SETTLEMENT COLONY, MANVILA, KONDUMURI MURIYIO, ATIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. DEEEPU, S/O.BABU, DEEPU BHAVANAM, LAKSHAM VEEDU COLONY, CHENKOTTU KONAM, ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4. ANIL DAS @ ANIL, S/O.DASAN, ANIL COTTAGE K0NDUMURI MURIYIL, MANVILA, SETTLEMENT COLONY, ATIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5. SUBHASH CHANDRAN @ BAIJU, S/O.CKHANDRAN, KONDUMURI MURIYIL, MANVILA, SETTLEMENT COLONY, ATIPRA VILLAGE, THIRUVANANTHAPURAM, DISTRICT. 6. SARATH CHANDRAN @ SHAJU, KONDUMURI MURIYIL, MANVILA, SETTLEMENT COLONY, ATIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2044 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioners face indictment in a prosecution under Section 308 r/w. 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners had not been arrested and released on bail so far. Reckoning them as absconding accused, coercive processes have been issued against them in the committal proceedings. The petitioners find such processes issued by the learned Magistrate chasing them. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. They are willing to surrender before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions Crl.M.C.No. 2044 of 2008 2 may be issued to release the petitioners on bail on the date of surrender itself. 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear 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 Crl.M.C.No. 2044 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm