IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3334 of 2008() -------------------------------------- (C.C.NO.157/02 OF ADDL.CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM) PETITIONER: A1 TO 3 AND 5: ------------------------------------------- 1. JERRY, AGED 25 (A1), S/O.JOSEPH PEREIRA, RESBI QUARTERS, KUNNIL ROAD, JAGATHY, JAGATHY WARD, THIRUVANANTHAPURAM. 2. RAHUL, AGED 25 (A2), S/O.SUKUMARAN NAIR, GOWREESAM VEEDU, KARIYAM, EDAVUKKAD WARD, ULLOOR VILLAGE. 3. SREEKANTH, AGED 26 (A3), S/O.SISUPALAN, SREE SALA, T.C.1/1388, MEDICAL COLLEGE WARD, THIRUVANANTHAPURAM. 4. RAJEEVE, AGED 26 (A5), S/O.SASIDHARAN NAIR, GIRIJA BHAVAN, PEROORKONAM, EDAVAKKODE WARD, ULLOOR VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.SHAJIN S.HAMEED RESPONDENT: ---------------------- THE 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 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3334 of 2008 ------------------------------------------------- Dated this the 3rd day of September, 2008 ORDER The petitioners are accused 1 to 3 and 5 in a prosecution for offences punishable, inter alia, under Secs.341 and 323 read with Sec.149 IPC. All offences are bailable. Investigation is complete. Final report has already been filed. The case is pending from 2002 as can be seen from the number assigned to the case as C.C.No.157/02. The petitioners were on bail at the crime stage and even thereafter. Accused were absent on 24/6/08 and it is submitted that 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. 2. According to the petitioners, they are absolutely Crl.M.C. No. 3334 of 2008 -: 2 :- 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 observation that if the petitioners surrender before the learned Crl.M.C. No. 3334 of 2008 -: 3 :- 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. 5. The petitioners were present before court regularly till 24/8/08 and warrants of arrest happened to be issued only on that day, it is submitted. In the peculiar facts and circumstances of this case, there shall be a direction that the coercive processes issued against the petitioners shall not be executed till the next date of posting i.e., 17/9/08. On or before that date, the petitioners shall appear and seek regular bail. 6. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3334 of 2008 -: 4 :-