IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 422 of 2009() ------------------------ CC.4680/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): --------------- 1. PRASAD, AGED 41 YEARS S/O. VELAYUDHAN, PUORATHANKUZHI, CHERTHALA, VETTAKAL POST, CHERTHALA, ALAPPUZHA. 2. RADHAKRISHNAN, AGED 47 YEARS S/O.BALAKRISHNAN, PERINGATUAL KALPATTA WAYANAD DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY G.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 422 of 2009 ------------------------------------------------- Dated this the 29th day of January, 2009 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.503 read with Sec.34 IPC. The petitioners were not arrested at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. Such processes are chasing the petitioners now. 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. The petitioners, in these circumstances, want to surrender Crl.M.C. No. 422 of 2009 -: 2 :- before the learned Magistrate and seek regular bail. The petitioners apprehend that their applications for regular bail may not be considered by the learned Magistrate 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 Magistrate to release them on bail when they appear before the learned Magistrate. 3. It is 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. 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 Crl.M.C. No. 422 of 2009 -: 3 :- 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/