IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 3288 of 2008() ------------------------- LP.203/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER: ACCUSED NO. 2 AND 3 ------------------------------- 1. RAJESH, S/O. SOMAN, AGED 25, RAJEEV BHAVAN, KOTHERY, THAZHAM THEKKU CHERRY, MEENADU, KOLLAM. 2. SAJEEV, S/O. VIJAYAN, AGED 27, VARUVILA VEEDU, NEAR K.S.R.T.C BUS STATION, KARAM, CHATHANNOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: COMPLAINANT ------------------------ 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 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3288 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w. 34 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners were not arrested at the crime stage or thereafter. Reckoning them as absconding, coercive processes have been issued against them by the learned Magistrate. They apprehend imminent arrest. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. They are willing to surrender before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions Crl.M.C.No. 3288 of 2008 2 may be issued to release the petitioners on bail on the date of surrender itself. 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 Crl.M.C.No. 3288 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say their application for bail may be considered in the light of the dictum in Sukumari v. State of Kerala (2001 (1) KLT 22) also. (R. BASANT) Judge tm