IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 2005 of 2008() ------------------------- CC.43/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONERS - 3RD & 4TH ACCUSED: ------------ 1. ABDURAHIMAN, S/O.AHAMMEDKUTTY, AGED 48 YEARS, KOYILANDITHODIKA HOUSE, MADARI, VAZHAYUR EAST.P.O., MALAPPURAM DISTRICT. 2. PONNAYATH KHADEEJA, D/O.MUHAMMEDKUTTY, AGED 48 YEARS, PONNAYATH HOUSE, KURUNKATTIRI PARAMBU KODUR.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, THROUGH SUB INSPECTOR, THIRURANGADI REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2005 of 2008 ---------------------------------------- Dated this the 23rd day of May 2008 O R D E R The petitioners are accused 3 and 4 and they face indictment in a prosecution for offences punishable inter alia under Sections 498A and 420 I.P.C. The petitioners were enlarged on bail at the crime stage. Thereafter, according to them, they have not received any summons, notice or process from the court. Reckoning them as absconding accused, the learned Magistrate has issued coercive processes against the petitioners. They apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners 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. 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. Crl.M.C.No.2005/08 2 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. (R.BASANT, JUDGE) jsr Crl.M.C.No.2005/08 3 Crl.M.C.No.2005/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007