IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Crl.MC.No. 1767 of 2008() ------------------------- CC.216/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER: ACCUSED ------------------- 1. ABHILASH, ASABHAVAN, ANAVIRATTY P.O., IDUKKI. 2. OMANA K.PANICKER, MURALISADANAM, ANAVIRATTY P.O. 3. MURALIBHAI, MURALISADANAM, ANAVIRATTY P.O., IDUKKI. 4. SALEEV, ANANDAVILASAM, ANAVIRATTY P.O. BY ADV. SRI.V.K.SUNIL SRI.AJEY THOMAS RESPONDENTS: STATE AND DEFACTO COMPLAINANT ------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1767 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 332 I.P.C. Investigation is complete. Final report has been filed. Cognizance has been taken. Calender case is pending. The petitioners were earlier on bail. But subsequent to their non- appearance, warrants of arrest have been issued. They apprehend imminent arrest in execution of such processes. 2. According to the petitioners their absence was not willful. The learned counsel for the petitioners submits that the petitioners are willing to appear before the learned Magistrate. But they apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 5. It is certainly for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 1767 of 2008 2 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. 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). 7. 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 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 Crl.M.C.No. 1767 of 2008 3