IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 701 of 2008() ---------------------------- CRIME NO. 264/96 OF MARARIKULAM POLICE STATION LP.57/1998 of J.M.F.C.-I, ALAPPUZHA .................... PETITIONERS/A1 AND 2 ----------------- 1. N.K. KARIM, S/O. KUNJUMOIDEEN ANITHA MANZIL, ELOOR NOTH UDYOGAMANDAL P.O., ERNAKULAM DIST. 2. ANEES KARIM, S/O. N.K. KARIM DO. DO. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE MARARIKULAM POLICE STATION, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 701 OF 2008 ------------------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for anticipatory bail. The petitioners face indictment in a prosecution for offences punishable under Sec.420 of the IPC. Cognizance has already been taken. The petitioners have not entered appearance so far. Consequent to their non-appearance, the case has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioners. The petitioners face such processes chasing them. 2. According to the petitioners, the matter had already settled even before the filing of the final report. The matter was settled and the de facto complainant has compounded the offences allegedly committed by the petitioners. The petitioners were not aware of the initiation of the prosecution B.A. No. 701 OF 2008 -: 2 :- against them. They are willing to surrender before the learned Magistrate. The de facto complainant is willing to report composition. The petitioners shall appear along with the de facto complainant and report composition after filing a proper application for composition. The petitioners apprehend that if they surrender before the learned Magistrate, they may be remanded to custody. In these circumstances, it is prayed that appropriate directions may be issued. 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 bail application is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior B.A. No. 701 OF 2008 -: 3 :- notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge