IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2794 of 2008() ------------------------- CRIME NO.57/2007 OF COIMBATORE CDB POLICE PETITIONER: ------------ 1. M. JOY VERGHESE, S/O.M.C. VERGHESE, 1908/A, JOGI, CHALAPURAM.P.O, KOZHIKODE TALUK. 2. GEORGE VERGHESE, AGED 35, (ACTUALLY GEORGE KURIAKOSE), S/O. KURIAKOSE, 1908/1, JOGI, CHALAPURAM.P.O, KOZHIKODE 3. SUNIL KUMAR, AGED 37, S/O.C.P. APPU, KOLAYIL HOUSE, ELATHOOR AMSOM, CALICUT. 4. GEETHA JOY, W/O.M.JOY VERGHESE, 1908/A, JOGI, CHALAPURAM.P.O, KOZHIKODE TALUK. 5. K.T. THANKAMMA, W/O.M.C. VERGHESE, 1908/A, JOGI, CHALAPURAM.P.O, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) SMT.SUSAN JACOB SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2794 of 2008 ------------------------------------- Dated this the 31st day of July, 2008 ORDER Petitioners face allegations in a crime registered by the police outside the jurisdiction of the State. They hence came to this Court for anticipatory bail. Anticipatory bail was granted subject to conditions. The conditions obliged them to appear before the learned Chief Judicial Magistrate, Kozhikode and execute bonds undertaking to appear before the court having jurisdiction in Tamil Nadu on or before a specified date. The petitioners appeared before the learned Chief Judicial Magistrate, Kozhikode and executed the bonds. But they did not appear before the Magistrate at Coimbatore within the stipulated period of time. They have their own reasons and excuses for not appearing before the learned Magistrate on the specified date. The learned Chief Judicial Magistrate, Kozhikode on entertaining the satisfaction that there has been forfeiture of the condition of the bond, has initiated proceedings against the petitioners under Section 446 Cr.P.C. Those proceedings are pending. The Crl.M.C. No.2794 of 2008 2 petitioners have now come before this Court with a prayer that appropriate directions may be issued to the Magistrate who is contemplating passing of an order under Section 446 Cr.P.C. 2. The learned counsel for the petitioners submits that the petitioners were disabled and could not appear before the court concerned in the State of Tamil Nadu on account of reasons beyond their control. They ultimately had to approach the High Court of Madras and orders in their favour were passed by the Hon'ble High Court of Madras. 3. All these are certainly not sufficient and satisfactory reasons to quash the proceedings initiated under Section 446 Cr.P.C. But certainly they are circumstances which the petitioners can urge before the learned C.J.M when he contemplates action under Section 446 Cr.P.C. Whether penalty should be imposed and what amount of penalty should be imposed, are all matters which the Magistrate shall have to consider in proceedings under Section 446 Cr.P.C. The petitioners can urge all the relevant circumstances before the learned Magistrate and needless to say that the learned Crl.M.C. No.2794 of 2008 3 Magistrate has to pass the order under Section 446 Cr.P.C cognizant of all the circumstances which the petitioners now want to urge. I have no reason to assume that a proper order after considering all the relevant circumstances shall not be passed by the learned Magistrate under Section 446 Cr.P.C. Assuming an incorrect or wrong order shall be passed, the right of the petitioners under Section 449 Cr.P.C to challenge the said order remains. 4. In any view of the matter, I am not satisfied that the powers under Section 482 Cr.P.C can or ought to be invoked to interfere with the proceedings pending before the learned Magistrate under Section 446 Cr.P.C. 5. This Crl.M.C is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-