IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.MC.No. 3261 of 2008() ------------------------- CC.100/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM CR.NO.114/05 OF KOLLAM EAST POLICE STATION .................... PETITIONER: ACCUSED 1 AND 3 --------------------------- 1. SHEHARUDHEEN, S/O.ABDUL WAHAB, SHAJAHAN NIVAS, SCHOOL MUKKU, THAZHUTHALA, KOLLAM. 2. RAMLATH BEEVI, W/O.ABDUL WAHAB, -DO- -DO- BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3261 of 2008 ------------------------------------------------- Dated this the 27th day of August, 2008 ORDER The petitioners face indictment in a prosecution under Sec.498A IPC. After cognizance was taken, the petitioners had entered appearance and were enlarged on bail. But subsequently they did not/could not appear and consequently coercive processes have been issued against the petitioners by the learned Magistrate. Such process are chasing the petitioners now. 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 petitioners apprehend that their applications for regular bail Crl.M.C. No.3261 of 2008 -: 2 :- 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.3261 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/