IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Crl.MC.No. 2856 of 2008() ------------------------- CC.371/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER/ACCUSED 1, 3 AND 5 TO 9: --------------------------------------------------------- 1. MANIYAN, S/O. CHELLAPPAN ANEESH BHAVAN, MINNAMCODE, PUNNATHAN MURIYIL, VILAPPIL VILLAGE THIRUVANANTHAPURAM. 2. KAMALAN @ SREEDHARAN NAIR, S/O. GANGADHARAN NAIR, RESMI NIVAS KUNDAMOOZHI, KAROSDE, DO. DO. 3. MANIKANTAN, S/O. LAZAR, KONAGAPPALLY MELE PUTHEN VEEDU, CHOVALLOOR MURI DO. DO. 4. SHAFI, S/O. MUHAMED, MUHAMMED MANZIL PALLIMUKKU, PEYAD, KURISUMUTTAM, DO. DO. 5. JAYAKUMAR, S/O,. THANKAPAN PILLAI PRASANNA VILASOM, MULAYARA, CHOVALLOOR MURI DO. DO. 6. SASIDHARAN NAIR, S/O. CHEPPALLAN PILLAI, RAG VIHAR VADAKKE JUNCTION, VILAPPILSALA, KARODE, DO. DO. 7. SHAIJU, S/O. PRABHAKARAN, BIJU BHAVAN VADAKKEVILA, DO. DO. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI – 31. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.7.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2856 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 3 of the P.D.P.P. Act. The case stood posted to 1.7.2008 to continue the trial. The petitioners were not present on that day. In these circumstances the learned Magistrate has issued coercive processes against them. The petitioners find such processes issued by the learned Magistrate chasing them. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate, but on account of reasons beyond their control. They are willing to surrender before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioners on bail on the date of surrender itself. Crl.M.C.No. 2856 of 2008 2 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm Crl.M.C.No. 2856 of 2008 3