IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 3078 of 2008() ------------------------- C.P.NO.14/07 OF THE JFCM COURT, KARUNAGAPPALLY. CRIME NO.497/06 OF THE KARUNAGAPPALLY POLICE STATION. PETITIONER: ------------ 1. HARIDAS, S/O. PURUSHOTHAMAN, VADAKKE VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE, (PRESIDENT, SREE BHADRA VILASAM ARAYA KARAYOGAM). 2. PADMESHAN, S/O. SUDHAN, PADEENADATHU VEEDU, ALAPPAD THRUA, ALAPPAD VILLAGE (SECRETARY, SREE BHADRA VILASAM ARAYA KARAYOGAM). 3. RAJENDRA SHARMA, S/O. PRABHAKARA PANICKER, VALLIYATH VEETIL, VELLANATHURUTHU THURA, ALAPPAD VILLAGE. 4. SIVAKUMAR,S/O. SIVANANDAN, KUMBALASSERI VEETIL, ALAP9PAD THURA, ALAPPAD VILLAGE. 5. SREEJEV, S/O. RUDRAN, PUTHENPURAYIL, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 6. ANILKUMAR, S/O. DHARMARAJAN, NEECHIYIL PURAYIDAM, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 7. SUNILRAJ, S/O. SUNANDAN, KAYALVARATHU VEETIL, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 8. SUNILKUMAR, S/O. DHARMARAJAN, NECHIYIL PURAYIDAM, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. -2- 9. SAVITHESH, S/O. SARANGADHARAN, THAIMOOTTIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 10. PRAMOD, S/O. PRAKASH, PUTHENPURAYIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 11. ANUDAS, S/O. HARIDAS, VADAKKEVEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 12. DIJESH, S/O. MUTHUKRISHNAN, SUNDARASSERIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 13. AJAYAN, S/O. SUGUNANDAN, VELUTHAMANALIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 14. SHAJI, S/O. SHANMUGANANDAN, KUNNUMPURATHU VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 15. DEEPU, S/O. PAZHANIKUTTY, KUNNUMPURATHU VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 16. HRILAS, S/O. DAYANANDAN, THUPPASSERIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 17. SINOJ, S/O. OMANAKUTTAN, PUTHENVEEDU, VELLANATHURUTHU KARA, ALAPPAD VILLAGE. 18. JAYAKUMAR, S/O. RAMESAN, KUNNUMPURATHU VEEDU, VELLANATHURUTHU KARA, ALAPPAD VILLAGE. 19. KAJEESHKUMAR, S/O. KANAKARAJAN, ARUPARAMBIL VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 20. HAMKUMAR, S/O. SHAJI, AQUATHAN VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 21. BIJU, S/O. NALINAKSHAN, AQUATHAM VEEDU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. -2- 22. SHIBU, S/O. KUTTAN, CHILLUPARAMBU, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. 23. DEEPURAJ, S/O. SIVARAJAN, PANDARATHURUTHU THURA, ALAPPAD VILLAGE. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POLICE STATION, KARUNAGAPPALLY. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3078 of 2008 ------------------------------------------------- Dated this the 14th day of August, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.332 read with Sec.149 IPC and Sec.3(2)(c) of the PDPP Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners have not appeared so far before the committal court. Reckoning them as absconding accused, coercive processes have been issued against the petitioner. The petitioners find such processes chasing them now. They 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, in these circumstances, want to surrender Crl.M.C. No. 3078 of 2008 -: 2 :- before the learned Magistrate and seek regular bail. The petitioners apprehend that their applications for regular bail may not be considered by the learned Magistrate 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 Magistrate to release them on bail when they appear before the learned Magistrate. 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 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). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 3078 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT, JUDGE) Nan/