IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Crl.MC.No. 2453 of 2008() ------------------------- CP.13/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY CRIME NO.18 OF 2007 OF PALLIKKATHODU POLICE STATION .................... PETITIONERS: ------------ 1. BINU ANTONY S/O. ANTONY, AGED 30, VALIYAPARAMBIL, CHENGALAM. 2. BINO ANTONY,S/O.ANTONY AGED 26 VALIYAPARAMBIL, CHENGALAM. BY ADV. SRI.K.R.SUNIL RESPONDENTS: ------------- 1. THE SUB INSEPCTOR OF POLICE PALLIKKATHODU POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. ISSAC , NEDUMAVIL HOUSE CHENGALAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2453 of 2008 ------------------------------------- Dated this the 30th day of June, 2008 ORDER Petitioners-brothers face indictment in a prosecution alleging offences punishable, inter alia, under Section 308 I.P.C. Both are employed abroad. In respect of the incident, there are allegations and counter allegations and a case and a counter case have been registered. Investigation is complete. Final report has already been filed. The petitioners, being employed abroad, have not been able to appear before the learned Magistrate. Committal Proceedings are hence pending. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners. The petitioners find such processes chasing them. They apprehend imminent arrest. 2. Though various reliefs have been claimed in the Crl.M.C, in the course of submissions made at the Bar by the learned counsel for the petitioners, the learned counsel only submits that the petitioners are willing to surrender before the learned Magistrate and seek regular 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 Crl.M.C. No.2453 of 2008 2 expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioners. 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. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2453 of 2008 3