IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.MC.No. 2399 of 2008() ------------------------- C.P.51/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER: ACCUSED ------------------- 1. JAYADEVAN, S/O.GOPALAKURUP, THALIKUNIYIL HOUSE, VADAYAM AMSOM, NARIKOOTTUMCHAL KOZHIKODE. 2. MOHANDAS, S/O.ANANTHAN NAMBIAR, THALIKUNIYIL HOUSE, VADAYAM AMSOM, NARIKOOTTUMCHAL KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, KUTTIADY POLICE STATION, KUTTIADY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2399 of 2008 ------------------------------------------------- Dated this the 26th day of June, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.367 read with Sec.149 of the IPC. Proceedings are pending before the learned Judicial Magistrate of the First Class, Nadapuram, as C.P.No.51/08 (not S.T.No.51/08 as shown in the cause title). Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioners are a Teacher and an employee of the Regional Agro-Industrial Development Co-operative of Kerala Limited (RAIDCO). They have been regularly appearing for their work. The police have not arrested them so far. But mysteriously when the final report is filed, the petitioners have been shown as absconding accused and consequently the Crl.M.C. No. 2399 of 2008 -: 2 :- learned Magistrate has issued non-bailable warrants of arrest, at the first instance, against the petitioners. Such coercive processes are chasing the petitioners now. They apprehend imminent arrest. Inasmuch as they have been shown as absconding accused, they apprehend that they may be remanded to custody and their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. The petitioners are, in these circumstances, prepared to surrender before the learned Magistrate and seek regular bail. Appropriate directions may be issued under Sec.482 of the Cr.P.C., it is prayed. 2. In the facts and circumstances of this case, I find merit in the prayer of the petitioners. It is, however, 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. Crl.M.C. No. 2399 of 2008 -: 3 :- 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 must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, I direct that the warrants of arrest issued against the petitioners shall not be executed till 14/7/08. On or before that day the petitioners must surrender before the learned Magistrate and seek regular bail. (R. BASANT, JUDGE) Nan/