IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 222 of 2009() ------------------------ CC.307/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): ACUSED 2-5 ------------------------- 1. NABEESA, W/O. ABOOBACKER, AGED 55 YERS, VALIYAPARAMBATH, THAZHROOM, ANDIPEEDIKA, PANNIYOOR P.O. THALASSERRY TALUK. 2. MUNEERA, W/O. SHAMSUDHEEN, AGED 30 YEARS VALIYAPARABATH, THAZHROOM,ANDIPEEDIKA, PANNIYOOR P.O. THALASSERRY TALUK. 3. THAHIRA, W/O. NIZAR, AGED 28 YEARS, VALIYAPRAMBATH, THAZHROOM, ANDIPEEDIKA PANNIYOOR P.O. THALASSERRY TALUK. 4. AIJAZ,S/O.ABOOBACKER, AGED 21 YEARS, VALIYAPRAMBATH, THAZHROOM,ANDIPEEDIKA, PANNIYOOR P.O. THALASSERRY TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.8/2005 OF CHOKKLI POLICE STATION) PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.222 of 2009 ---------------------------------------- Dated this the 16th day of January 2009 O R D E R Petitioners face indictment as accused 2 to 5 in a prosecution for offences punishable inter alia under Section 498A I.P.C. Investigation is complete. Final report has been filed. Cognizance has been taken. Petitioners had appeared before the learned Magistrate and were enlarged on bail; but on a date of posting, i.e. on 06/11/2008, allegedly on account of an error in the noting of the date of posting, the petitioners could not appear before the learned Magistrate. Consequently coercive processes have been issued against the petitioners by the learned Magistrate. 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. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.No. 222/09 2 They, therefore, pray that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioners on bail when they appear and apply for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioners on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioners surrender 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. Crl.M.C.No. 222/09 3 5. In the peculiar facts and circumstances of this case, where it is reported that the petitioner is reporting regularly till 06/11/2008 before the learned Magistrate, there shall be an interim direction that the coercive processes issued against the petitioner shall not be executed till 27/01/2009. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No. 222/09 4 Crl.M.C.No. 222/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008