IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 2013 of 2008() ------------------------- C.P.NO.16/07 OF Judicial Magistrate of the First Class-III, PALAKKAD IN CRIME NO.112/03 PETITIONER: ACCUSED A-4 & A-5: ------------------------------ 1. A.M. SHAFI, AGED 38 YEARS, S/O. MUHAMMED, KURICHAMKULAM,KANNADI P.O.,PALAKKAD 2. SHAMEEM GAFOOR, S/O. HANEEFA, ERUMAKKARA STREET, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. S.I. OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.2013 of 2008 ------------------------------------- Dated this the 26th day of May, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 307 I.P.C. They are arrayed as accused 4 and 5, it is submitted. As the petitioners have not so far entered appearance, coercive processes have been issued against the petitioners. They apprehend imminent arrest. 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. 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 Crl.M.C No.2013 of 2008 2 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 and expeditiously - on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-