IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4835 of 2008()
1. SYAM RAJ R.S/O.RAJENDRAN KARTHIKA'
... Petitioner
2. PRASANTH.P.S/O.V.PREMKUMAR,
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.D.KISHORE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/12/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4835 of 2008
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Dated this the 12th day of December, 2008
ORDER
Petitioners along with co-accused face indictment in a
prosecution for offences punishable, inter alia, under Section
308 r/w 149 I.P.C. Investigation is complete. Final report has
already been filed. Committal Proceedings has been registered.
The petitioners were not arrested at the crime stage or
thereafter. Reckoning the petitioners as absconding accused,
coercive processes have been issued against them. They
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. They
are willing to surrender before the learned Magistrate and apply
for bail. But they apprehend that their application for regular bail
may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. It is therefore prayed that
directions under Section 482 Cr.P.C may be issued in favour of the
petitioners.
Crl.M.C. No.4835 of 2008 2
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 such application 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
in Alice George v. The Deputy Superintendent of Police
[2003(1) KLT 339].
4. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation 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 appropriate orders on merits, in
accordance with law, expeditiously – on the date of surrender
itself and in the light of the decision in Sukumari v. State of
Kerala [2001(1) K.L.T 22].
5. Hand over a copy of this order to the learned counsel
for the petitioners.
(R.BASANT, JUDGE)
rtr/-