IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2419 of 2008() ------------------------- SC.159/2006 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA .................... PETITIONER: ACCUSED: ------------ 1. RADHAKRISHNA PILLAI, PULLEPLAVIL KIZHAKKETHIL VEEDU, KAVUMBHAGAM, THIRUVALLA, PATHANAMTHITTA. 2. RAJAPPAN, KARAKKATTIL MALAYIL HOUSE, KAVIYOOR P.O., THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,' ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUVALLA RANGE. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2419 of 2008 ------------------------------------------------- Dated this the 27th day of June, 2008 ORDER The petitioners face indictment in a prosecution under the Kerala Abkari Act. The matter was posted for trial to 24/6/08. On that day, the petitioners and their counsel were absent. The learned Sessions Judge, in these circumstances, has issued coercive processes 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. They had noted the posting date as 26/6/08. The petitioners, in these circumstances, want to surrender before the learned Sessions Judge and seek regular bail. The petitioners apprehend that their applications for regular bail may not be Crl.M.C. No. 2419 of 2008 -: 2 :- considered by the learned Sessions Judge 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 Sessions Judge to release them on bail when they appear before the learned Sessions Judge. 3. It is for the petitioners to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which they could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge 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 Sessions Judge and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Crl.M.C. No. 2419 of 2008 -: 3 :- Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/