IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 474 of 2009() ------------------------ CP.109/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA CRIME NO.1012 OF 2006 OF KOTTARAKKARA POLICE STATION .................... PETITIONER(S):ACCUSED NO.1, 9, 11 AND 15 --------------- 1. RAJENDRAN PILLAI, S/O.RAGHAVAN PILLAI, PEZHUVILA VEEDU, THURUTHIYAMBALAM MURI, KULAKKADA, KOTTARAKKARA. 2. SHAJI, S/O.JOYKUTTY, VAYALIRAKATTUPUTHEN VEEDU, EARAM, ADOOR. 3. MUNIYAMOORTHY, S/O.ARJUN, VELLARAMKUNNIL VEEDU, NEAR MOORTHY KAVU, TAZHATTUKULAKKADA, KULAKKADA, KOTTARAKKARA. 4. SUNIL KUMAR, S/O.SHIVANDANAN, SUNIL BHAVAN (VILAKKARA MELEPURA VEEDU), THAZHATHUKULAKKADA, KULAKKADA, KOTTARAKKARA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.474 of 2009 ------------------------------------- Dated this the 30th day of January, 2009 ORDER Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. Committal Proceedings has been registered. The petitioners have not been arrested at the crime stage or thereafter. The learned Magistrate has issued summons and not warrants against the petitioners to procure their presence under Section 204 Cr.P.C. The petitioners seem to entertain an apprehension that their application for bail shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They have hence come rushing to this Court for issue of directions under Section 482 Cr.P.C. 2. I find absolutely no merit in the apprehension of the petitioners. The learned Magistrate, I must note, has advisedly chosen to issue summons and not warrants against the petitioners. The petitioners can appear before the learned Magistrate and seek regular bail. Their application for regular Crl.M.C. No.474 of 2009 2 bail must be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decisions in Sukumari v. State of Kerala [2001(1) K.L.T 22] and Sreekumar v. State of Kerala [2008(3) KLT 748]. 3. This Crl.M.C is accordingly dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-