IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2891 of 2008() ------------------------- CP.70/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA (CRIME NO.868/2007 OF IRINJALAKUDA POLICE STATION) .................... PETITIONERS/ACCUSED NOS 2 & 4: ------------------------------------------------------- 1. RIYAS, S/O. RAZACK, CHEMPATHAMPARAMBIL HOUSE, PARAMBI ROAD, DESOM, THAZHEKKAD VILLAGE. 2. JOBY, S/O. DEVASSIKUTTY, PAYYAPPILLY HOUSE, THUMBUR DESOM, THAZHEKKAD VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE, IRINJALAKUDA POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2891 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R The petitioners are accused 2 & 4 in a prosecution for the offence punishable under Section 399 I.P.C. There are other co- accused also. The petitioners have not been arrested in the course of investigation. Investigation is now complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered against them. They have not appeared before the learned Magistrate so far. Reckoning them as absconding accused, coercive processes have been issued against them in the committal proceedings. The petitioners find such processes issued by the learned Magistrate chasing them. 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 Crl.M.C.No. 2891 of 2008 2 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 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 Crl.M.C.No. 2891 of 2008 3 the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm