IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2092 of 2008() ------------------------- C.C.NO.1574/06 OF JFCM COURT, PATHANAMTHITTA PETITIONER: PETITIONERS ----------------------- 1. R. INDUCHOODAN, S/O.P. RAGHAVAN NAIR, RESIDING AT KOTTURETH HOUSE, MANJANIKKARA, OMALLUR.P.O, PATHANAMTHITTA. 2. SANTHOSH V. GEORGE, S/O. GEORGE, RESIDING AT VADAKKEVETTIL, VETTIPRAM MURI, PATHANAMTHITTA VILLLAGE, PATHANAMTHITTA. BY ADV. SRI.R.SURENDRAN RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED 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 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2092 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 448 r/w. 34 I.P.C. Cognizance has already been taken. The petitioners have not appeared before the learned Magistrate. Reckoning them as absconding accused, coercive processes have been issued against them. The petitioners find such processes issued by the learned Magistrate chasing them. 2. According to the petitioners they are absolutely innocent. Their absence was not willful or deliberate. They have not received any notice, process or summons from the court. They are willing to surrender before the learned Magistrate, but they 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. Crl.M.C.No. 2092 of 2008 2 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 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. (R. BASANT) Judge tm Crl.M.C.No. 2092 of 2008 3