IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 629 of 2008() ---------------------------- CC.217/2007 of C.J.M.,KOLLAM CRIME NO.291/07 OF KOLLAM EAST POLICE STATION .................... PETITIONERS : ----------------- 1. RADHIKA, W/O. SUKUMARAN, SURABHI, ASRAMOM, KOLLAM. 2. SUKUMARAN, SURAHI, ASRAMAM, KOLLAM. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POL8ICE, KOLLAM EAST POLICE STATIN, KOLLAM DISTRICT. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008 ALONG WITH B.A.NO.630 & 631/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 629, 630 & 631 OF 2008 ------------------------------------------------- Dated this the 28th day of January, 2008 ORDER These applications are for anticipatory bail. The common petitioners are accused 2 and 3. They face indictment in three separate prosecutions – all pending before the learned Chief Judicial Magistrate, Kollam. The petitioners were not arrested at the crime stage. Investigation is complete. Final report has been filed. Cognizance has been taken by the learned C.J.M. Calendar Case has been registered. Reckoning the petitioners as absconding accused, warrants of arrest have been issued against the petitioners by the learned C.J.M. The petitioners find such warrants of arrest chasing them. 2. According to the petitioners, they are absolutely innocent. Their earlier absence was not wilful or deliberate. They have not been served with any notice. The petitioners, in B.A. Nos. 629, 630 & 631 OF 2008 -: 2 :- these circumstances, want to surrender before the learned C.J.M. and seek regular bail. The petitioners apprehend that their applications for regular bail may not be considered by the learned C.J.M. 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 C.J.M. to release them on bail when they appear before the learned C.J.M. 3. It is for the petitioners to appear before the learned C.J.M. and explain to the learnedC.J.M. the circumstances under which they could not earlier appear before the learned C.J.M. I have no reason to assume that the learned C.J.M. 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). 5. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the learned C.J.M. and seek bail, after giving sufficient prior notice B.A. Nos. 629, 630 & 631 OF 2008 -: 3 :- to the Prosecutor in charge of the case, the learned C.J.M. must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge