IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.MC.No. 3385 of 2008() ------------------------- SC.62/2994 of ADDL.ASSISTANT SESSIONS COURT, PALAKKAD CRIME NO.147/99 MUNDUR POLICE STATION .................... PETITIONER: ACCUSED A-6, A-13 & A-15 ------------------------------------ 1. AYYAPPANKUTTY, S/O.SANKARAN, PUTHANPURA VEEDU, MANNATHUPARAMB, MUNDUR, PALAKKAD. 2. RATHEESH, S/O.RAMANKUTTY, VALIPARAMBA, MUNDUR, PALAKKAD DISTRICT. 3. RAMAKRISHNAN, S/O.MANIAN, PANNIYAMPADAM, EZHAKKAD, MUNDUR, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. S.I. OF POLICE, KONGAD POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3385 of 2008 ------------------------------------- Dated this the 4th day of September, 2008 ORDER Petitioners along with co-accused face indictment for offences punishable under Section 3 of the Explosive Substances Act and Section 435 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. The case has been committed to the Court of Session. Some of the co-accused have already entered appearance. But the petitioners, who are accused Nos.6, 13 and 15, have not so far entered appearance before the learned Sessions Judge. Reckoning the petitioners as absconding accused, coercive processes were issued against the petitioners. 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. They are willing to surrender before the learned Sessions Judge and apply for bail. But they apprehend that their application for regular bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. It is Crl.M.C. No.3385 of 2008 2 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioners. 3. It is for the petitioners to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which they could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioners appear before the learned Sessions Judge and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-