IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3932 of 2009(R) -------------------------------------- C.P. 76/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR. C.R. NO.123/2004 OF EXCISE RANGE OFFICE, PATHANAPURAM. ......... PETITIONER(S): ----------------------- 1. T.P.MADHU, S/O.PODIYAN THYVILAYIL, VELLAMTHETTI, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. T.K.PUSHARAJAN, S/O.KRISHNAN, PUTHENKALEEKAL, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. MR.SAJU.S.A RESPONDENT(S): ---------------------------- 1. THE EXCISE INSPECTOR, EXCISE CIRCLE OFFICE, PUNALUR. 2. PREVENTIVE OFFICER, EXCISE RANGE OFFICE, PATHANAPURAM. GOVERNMENT PLEADER MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.3932 of 2009 ---------------------------------------- Dated this the 5th day of January 2009 J U D G M E N T The petitioners face indictment in a prosecution for offences punishable inter alia under Section 55(g) of the Kerala Abkari Act. They are accused 3 and 4 in the crime. According to the petitioners, they were not arrested at the crime stage or thereafter. They were blissfully ignorant about the pendency of the proceedings. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. The petitioner finds such processes 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 are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They, therefore, pray that directions under Section 482 Cr.P.C. W.P.C.No.3932/09 2 may be issued to the learned Magistrate to release the petitioners on bail when they appear and apply for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioners on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Criminal Miscellaneous Case is dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply for 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, in accordance with law and expeditiously - on the date of surrender itself in the light of Sukumari v. State of Kerala [2001(1)KLT 22]). Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr W.P.C.No.3932/09 3 W.P.C.No.3932/09 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007