IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.MC.No. 4784 of 2008() ------------------------- CC.467/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED 3 AND 4 --------------- 1. C.F.JOHNSON, AGED 55 YEARS, S/O.FRANCIS, CHUNGATH HOUSE, CHULLICKAL.P.O, KOCHI-5. 2. P.A.JALEEL, AGED 45 YEARS, S/O.ABOO, 14/869 A, NEAR SUJATHA THEATRE, PANDIKKUDI, KOCHI - 682 002. BY ADV. SRI.VARGHESE.J.PUNNACHALIL SRI.MICHAEL M.WILSON RESPONDENT(S): COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. REJI C.KURIAKOS, S/O.KURIAKOS, MERCY ESTATE, RAVIPURAM, ERNAKULAM, KOCHI-16. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4784 of 2008 ------------------------------------- Dated this the 10th day of December, 2008 ORDER Petitioners face indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance has already been taken. The petitioners have not so far appeared before the learned Magistrate. According to the petitioners, no notice, process or summons of the court was ever served on the petitioners and that is why they could not/did not appear earlier. Coercive processes have been issued against the petitioners reckoning them as absconding accused. Such processes are chasing the petitioners. The petitioners apprehend imminent arrest in execution of such processes. 2. According to the petitioners, they are innocent. They are willing to surrender before the Investigating Officer or the learned Magistrate and seek regular bail. But they apprehend that their application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that appropriate directions may be issued to the learned Magistrate to consider their bail Crl.M.C. No.4784 of 2008 2 application expeditiously - on the date of surrender itself in the light of the decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 3. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] to oblige the subordinate courts to consider applications for bail filed by accused who surrender before the Magistrates as expeditiously as possible. No special or specific direction appears to be necessary in the facts and circumstances of this case. I have no reason to assume that the same shall not be done. Every court must do the same. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 4. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-