IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 257 of 2009() 1. SHERIF, S/O.MOIDEENABHA, PALLAM HOUSE, B ... Petitioner 2. YAKKOB, S/O.MOIDEENABHA,PALLAM HOUSE, Vs 1. STATE OF KERALA REPRESENTED BY PUBLIC ... Respondent 2. ANASEESA, AYASHA MANZIL, W/O.SHARIF, For Petitioner :SRI.SUNIL NAIR PALAKKAT For Respondent : No Appearance The Hon'ble MR. Justice R.BASANT Dated :19/01/2009 O R D E R R.BASANT, J ------------------------------------ Crl.M.C. No.257 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER
Petitioners face indictment in a prosecution for the offence
punishable under Section 498 A r/w 34 I.P.C. The petitioners are
the husband and brother in law of the defacto complainant.
Investigation is complete. Final report has already been filed.
Cognizance has been taken. The petitioners were not arrested at
the crime stage or thereafter. Reckoning them as absconding
accused, coercive processes have been issued by the learned
Magistrate against the petitioners. The petitioners apprehend
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.
3. It is for the petitioners to appear before the learned
Magistrate and explain to the learned Magistrate the
Crl.M.C. No.257 of 2009 2
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
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 and expeditiously – on the date of surrender
5. Hand over a copy of this order to the learned counsel
for the petitioners.