IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 52 of 2009() ----------------------------------- C.P.NO.62/2007 OF JFCM COURT, WADAKKANCHERRY ...... (CRIME NO.205/2005 OF PAZHAYANNUR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. SUNIL, S/O.MANIAN MASTER, "PREMALAYAM" PAADOOR VILLAGE, DESOM, PALAKKAD. 2. RAJESH KUMAR, S/O. PALIPATT DEVAYANI AMMA, KANIYARKOT POST, THRISSUR. 3. RAMADAS, S/O. CHEMBALIPURATHU VASUDEVAN CHEMBOOTHARA DESOM, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 52 of 2009 ------------------------------------------------- Dated this the 6th day of January, 2009 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 IPC. Investigation is complete. Cognizance has been taken. Committal proceedings has been registered. The petitioners have entered appearance and were enlarged on bail. On 22/11/08 - the last date of posting which it is said was a date of formal posting, the petitioners could not appear before the learned Magistrate and consequently 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 Crl.M.C. No. 52 of 2009 -: 2 :- innocent. Their absence earlier was not wilful or deliberate. The petitioners, in these circumstances, want to surrender 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. 4. 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). 5. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Crl.M.C. No. 52 of 2009 -: 3 :- Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 6. In the peculiar facts and circumstances of this case, there shall be a direction that the warrants of arrest issued for the absence of the petitioners on 22/11/08 shall not be executed till 13/1/09. On or before that date, the petitioners shall appear before the learned Magistrate and seek regular bail. (R. BASANT, JUDGE) Nan/