IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3333 of 2008() ------------------------------------- (CRIME NO.277/2008 OF KASARAGOD POLICE STATION) PETITIONERS:ACCUSED 2,3 AND 4: ----------------------------------------------------- 1. PRASANTH @ PRASANTH KUMAR, S/O.KUMARAN, MOOKAMBIKA NIVAS, ANANGOOR, KASABA VILLAGE, KASARAGOD TALUK AND DISTRICT. 2. ASHOK @ ASHOK KAMATH, S/O.ACHUTH KAMATH, SATHYABHAMA COLONY, VIDYA NAGAR, KASABA VILLAGE, KASARAGOD TALUK AND DISTRICT. 3. ANISH, S/O.KRISHNA, KOMALAKSHI NILAYAM, NULLIPADY, KASABA VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SRI.N.SHOBHA RESPONDENT:COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3333 of 2008 ------------------------------------------------- Dated this the 3rd day of September, 2008 ORDER The petitioners are accused 2 to 4 and they, along with the 1st accused, face indictment in a prosecution for offences punishable, inter alia, under Secs.353 and 332 IPC. The petitioners were not arrested as accused and were blissfully ignorant of the proceedings pending against them, it is submitted. Reckoning the petitioners as absconding accused, coercive processes have been issued against the petitioners by the learned Magistrate. Such processes are chasing the petitioners now. 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. The petitioners, in these circumstances, want to surrender Crl.M.C. No. 3333 of 2008 -: 2 :- before the learned Magistrate and seek regular bail. The 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. 3333 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/