IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2088 of 2008() ------------------------- CC.743/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED ------------------- 1. SAJU, S/O.THANKAPPAN, THURUTHIKKUNNEL HOUSE, VADAYAMBADI, AYIKKARANADU VILLAGE. 2. SAJI, S/O. THANKAPPAN, THURUTHIKUNNEL HOUSE, VADAYAMBADI, AYIKKARANADU VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2088 of 2008 ------------------------------------------------- Dated this the 3rd day of June, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.27 of the Arms Act read with Sec.149 of the IPC. Altogether, there were 7 accused persons. Some of the accused have already faced trial and they were found not guilty and acquitted. The petitioners did not face trial. They had entered appearance earlier. But subsequently they could/did not appear before the learned Magistrate. The case against them has hence been split up. Coercive processes have been issued against the petitioners. The petitioners find such processes chasing them now. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. Crl.M.C. No. 2088 of 2008 -: 2 :- 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 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 bail application is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior Crl.M.C. No. 2088 of 2008 -: 3 :- notice to 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