IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2750 of 2008() ------------------------- CC.NO.548/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONERS/ACCUSED 1& 2: ------------------------- 1. K.A. MOHAMMED NAUSHAD, I.F.S., S/O.K.M. ABOOBACKER, CONSERVATOR OF FORESTS (IHRD), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. (FORMERLY D.F.O, MUNNAR) 2. P.B. OMANAKUTTAN, S/O.T.K. BHASKARAN, ASSISTANT CONSERVATOR OF FORESTS(TA), IHRD, THIRUVANANTHAPURAM, (FORMERLY FOREST RANGE OFFICER, ADIMALY) BY ADV. SRI.M.C.JOHN RESPONDENT/COMPLAINANT: ---------------------- P.D. SARANGADHARAN, MUNSIFF, DEVIKULAM, REPRESENTED BY PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2750 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 ORDER Petitioners are accused 1 and 2 and they face indictment in a prosecution for the offences punishable, inter alia, under Sections 196 and 198 I.P.C. Cognizance was taken as early as in 2004. The case stood posted for trial to 20.06.08. The petitioner could not appear before the learned Magistrate on that day. The counsel was laid up. Request was made for adjournment through another counsel. That request was turned down and coercive processes were issued against the petitioners. 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. They are willing to surrender before the learned Magistrate and apply for bail. But they apprehend that their application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioners. Crl.M.C. No.2750 of 2008 2 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation 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 proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. H/O (R.BASANT, JUDGE) rtr/-