IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3800 of 2008() ------------------------- ST.483/2005 of SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 TO 3 ----------------------------- 1. THE KERALA NGO UNION, REPRESENTED BY ITS GENERAL SECRETARY ASOKAN, NGO UNION OFFICE, PMG, THIRUVANANTHAPURAM. 2. VARADARAJAN, PRESIDENT, KERALA NGO UNION, NGO UNION OFFICE, PMG, THIRUVANANTHAPURAM. 3. ASOKAN, GENERAL SECRETARY, KERALA NGO UNION, NGO UNION OFFICE, PMG, THIRUVANANTHAPURAM. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT(S): COUNTER PETITIONER --------------------------------- THE PRESIDING OFFICER, MOBILE COURT, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3800 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioners face indictment in a suo motu prosecution initiated against them by the Mobile Court, Thiruvananthapuram. The alleged incident took place on 30/4/2003. Cognizance has already been taken. Four witnesses have already been examined. According to the petitioners, the case was adjourned from 18/3/2008 to 16/4/2008. But it is realised that the court's records show that the adjournment was to 11/4/2008 and not to 16/4/2008. According to the petitioners, even the diary maintained by the court shows that there is some correction in the records and their impression that the adjournment was to 16/4/2008 is absolutely bona fide. 2. The learned Magistrate, consequent to the absence of the petitioners before court, issued non-bailable warrants against the petitioners. The petitioners appeared through counsel and prayed for recalling of the warrants. That petition was dismissed. Warrants of arrest issued by the learned Magistrate are chasing the petitioners now. The petitioners apprehend imminent arrest. Crl.M.C.No.3800/08 2 3. The petitioners, in these circumstances, pray that appropriate directions may be issued under Section 482 Cr.P.C to the learned Magistrate to consider their applications for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. They further pray that appropriate directions may be issued to ensure that they are not vexed by unnecessary arrest and detention before they appear before the learned Magistrate. 4. Having considered all the relevant inputs, I am satisfied that directions in favour of the petitioners can be issued. 5. This petition is accordingly allowed. It is directed that the coercive processes issued against the petitioners shall not be executed till 22/10/2008. On or before that date, the petitioners shall appear before the learned Magistrate and seek regular bail. The learned Magistrate shall consider the applications for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3800/08 3 Crl.M.C.No.3800/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008