IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.MC.No. 2341 of 2008() ------------------------- CC.59/2006 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ------------ 1. M.S. BHUVANACHANDRAN, SHANQCHAKRAM, PALKULANGARA, KIZHAKKEKOTTA, THIRUVANANTHAPURAM. 2. SUNIL, KOTTAKKAKATHU VADAKADATHU VEEDU, BHARANIKAVU, KAYAMKULAM. 3. ADV. V. HARIKUMAR, DEVI BHAVAN, POOVALLIYOORKONAM, PEROORKADA. 4. AJITH @ ANI, TC XVI/132, KARTHIKA, THIRUVANNTHAPURAM. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: ------------- STATE OF KERALAM REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/6/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2341 of 2008 ------------------------------------------------- Dated this the 20th day of June, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.3(2)(e) of the PDPP Act and Sec.11(d) of the Prevention of Cruelty to Animals Act, 1960. The petitioners have entered appearance before the learned Magistrate after cognizance was taken. But they could not appear in the course of the proceedings and consequently coercive processes have been issued against the petitioners. Such processes are chasing the petitioners. The petitioners apprehend imminent arrest. 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 before the learned Magistrate and seek regular bail. The Crl.M.C. No. 2341 of 2008 -: 2 :- 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. 2341 of 2008 -: 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 petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge