IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2971 of 2008() ------------------------- CC.526/2001 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONERS: ------------ 1. M.S. BALA KUMAR, AGED 43 YEARS, S/O M.SETHU, 12/2-2B, VISWANATHA PURAM, MATHURAI. 2. VASANTHA KUMAR S.V., AGED 47 YEARS, S/O VELMURUKAN S., 12/2-45,J, VISWANATHAPURAM, MADURAI. BY ADV. SRI.P.V.ANIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2971 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R The petitioners face indictment as accused 1 and 2 in a prosecution under Section 392 r/w. 34 I.P.C. They were arrested and were enlarged on bail at the crime stage. Later final report has been filed. Cognizance has been taken. Though the calender case was registered in 2001 the petitioners have not so far entered appearance. The learned Magistrate had initially issued a bailable warrant and subsequently non-bailable warrant has been issued against the petitioners. The petitioners find such processes issued by the learned Magistrate chasing them. 2. The learned counsel for the petitioners submits that issue of such coercive processes against the petitioners is totally unjustified. They were on bail. Thereafter they were not served. Without and before service is effected on them, bailable warrant initially and non-bailable warrant subsequently issued against the petitioners is not justified. They are willing to surrender Crl.M.C.No. 2971 of 2008 2 before the learned Magistrate, but he apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioners on bail on the date of surrender itself. 3. It is certainly 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 applications for bail to be filed by the petitioners when they surrender before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to Crl.M.C.No. 2971 of 2008 3 the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. The order sheet has been produced. In the peculiar facts and circumstances, there shall be a direction that the warrant of arrest issued against the petitioners shall not be executed till 20.8.2008. On or before that date the petitioners shall appear before the learned Magistrate and seek regular bail. The learned counsel for the petitioners prays that there may be a direction that the same sureties who have offered bail at the earlier stage may be accepted now also. That discretion has to be exercised by the learned Magistrate. The petitioners can raise those contentions before the learned Magistrate. I have no reason to assume that the learned Magistrate will not consider such request on merits and in accordance with law. (R. BASANT) Judge tm