IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.MC.No. 2455 of 2008() ------------------------- CRIME NO.55/99 OF PANDALAM POLICE STATION PETITIONERS: ACCUSED NO.2,3,5,10 & 11: ------------------------------------- 1. MAHESH CHANDRAN, AGED 29 YEARS, S/O.CHANDRAN PILLAI, THAMARASSERIL VEEDU, KONNANKARA MURI, ADOOR. 2. ABDUL ANEESH, AGED 29 YEARS, ARSHA, PARAKODE, ADOOR. 3. RAJEEV, S/O.PARAMESHWARAN, PODIPARA KIZHAKKETHIL (SRISAILAM), KULANADA. 4. SHIHABUDDIN, AGED 32 YEARS, S/O.ABDULLA RAWTHER, EDAYADASSERIL VEETTIL, THONNALLOOR, PANDALAM. 5. ANWAR, S/O.ABDUL RAWTHER, PADINJAREKAKKAKUZHIYIL, THONNALLOOR, PANDALAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2455 of 2008 ------------------------------------------------- Dated this the 1st day of July, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.308 of the IPC Investigation is complete. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners have not entered appearance so far. Reckoning them as absconding accused, coercive processes have been issued against the petitioners. The petitioners 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 before the learned Magistrate and seek regular bail. The Crl.M.C. No. 2455 of 2008 -: 2 :- 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. 2455 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/