IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Crl.MC.No. 2757 of 2008() ------------------------- CC.441/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER: ------------ 1. AZIN SALIM, S/O.M.O.SALIM, AZIN MANZIL, BHARANIKKAVU P.O, KOLLAM. 2. RIAS.V, S/O.ABOOBACKAR, VENGASSERY HOUSE, VADAKKEKARA P.O, MANGADA, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.E.C.BINEESH SMT.VIDYA MANUVILSAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, HOSDURG POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2757 of 2008 ------------------------------------------------- Dated this the 23rd day of July, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.326 read with Sec.34 IPC. The petitioners were not arrested in the course of investigation. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calendar Case has been registered. The petitioners were not aware of the pendency of the case. They have not been served any notice or summons from the court. As they have not appeared, reckoning them absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. Such processes are chasing the petitioners now. The petitioners apprehend imminent arrest in execution of such processes. Crl.M.C. No. 2757 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2757 of 2008 -: 3 :- 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 must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/