IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Crl.MC.No. 2104 of 2008() ------------------------- CC.234/2005 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ------------ 1. SURESH, S/O VASAVAN, PUTHENPARAMBIL HOUSE, PAMPADY VILLAGE, VELLOOR KARA, KOTTAYAM. 2. ABHILASH, S/O MOHANN, KIZHEKKEPARAMBIL HOUSE, PAMPADY VILLAGE, VELLOOR KARA, KOTTAYAM. 3. VIJAYAN, S/O CHENNI MATHAN, KUNNUMPURTHU HOUSE, MARIYAPPALLY KARA, NATTAKOM VILLAGE, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: STATE:- -------------------- STATE OF KERA,A REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2104 of 2008 ------------------------------------------------- Dated this the 4th day of June, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Secs.379 and 468 of the IPC. Investigation is complete. Final report has already been filed. Two of the three petitioners have already been arrested and enlarged on bail. But as the petitioners did not appear before the learned Magistrate after cognizance was taken, coercive processes have been issued against the petitioners by the learned Magistrate. The petitioners apprehend imminent arrest in execution of such processes. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners, in these circumstances, want to surrender before the learned Crl.M.C. No.2104 of 2008 -: 2 :- 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 bail application 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 Crl.M.C. No.2104 of 2008 -: 3 :- Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge