High Court Kerala High Court

Edwin vs The State Of Kerala Represented By … on 4 August, 2008

Kerala High Court
Edwin vs The State Of Kerala Represented By … on 4 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2939 of 2008()


1. EDWIN, S/O.FRANCIS, HOUSE NO.29/6494,
                      ...  Petitioner
2. JEROME, S/O.FRANCIS @ THULLI PANCHI,
3. YESU, S/O.PETER, PANTHAL VEETTIL
4. RAJU @ POODAN RAJU, S/O.JOHN, PANTHAL
5. SHAJI, S/O.ZACHARIA, BONA WEST
6. JOSE, S/O.THOMAS, KATTAKKALI PURAYIDAM,
7. STANSILAUS, S/O.ALLALIYAN, NIRMITHI

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.JOHNSON GOMEZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :04/08/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                      Crl.M.C. No.2939 of 2008
                       -------------------------------------
               Dated this the 4th day of August, 2008

                                   ORDER

Petitioners face indictment in a prosecution for offences

punishable, inter alia, under Section 302 I.P.C. The petitioners

have not been arrested so far. Investigation is complete. Final

report has already been filed. Cognizance has been taken by the

learned Magistrate. Committal proceedings has been registered.

The petitioners have not so far entered appearance. They have

not been enlarged on bail. Reckoning them as absconding

accused, coercive processes are being initiated against the

petitioners by the learned Magistrate. Such processes are

chasing the petitioners. The petitioners apprehend imminent

arrest.

2. According to the petitioners they are absolutely

innocent. Their absence was not wilful or deliberate. They were

not informed that they are accused in this case nor was any

summons or notice was ever issued from any court to them. The

petitioners are, in these circumstances, absolutely innocent. They

had applied for anticipatory bail. Though some of the accused,

Crl.M.C. No.2939 of 2008 2

who had applied for anticipatory bail in 2006, were granted

anticipatory bail, the petitioners’ application for anticipatory bail

stands dismissed by Annexure-A2 order. In these circumstances,

the petitioners now want to surrender before the learned

Magistrate and seek regular 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.

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

Crl.M.C. No.2939 of 2008 3

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 the decision in Sukumari v. State of Kerala

[2001(1) K.L.T 22].

(R.BASANT, JUDGE)
rtr/-