High Court Kerala High Court

Sali vs The State Of Kerala on 19 September, 2007

Kerala High Court
Sali vs The State Of Kerala on 19 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5652 of 2007()


1. SALI, S/O. HAMEED,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/09/2007

 O R D E R
                                R.BASANT, J
                        ------------------------------------
                          B.A.No.5652 of 2007
                        -------------------------------------
             Dated this the 19th day of September, 2007

                                    ORDER

Application for anticipatory bail. The petitioner faces allegations

for offences punishable, inter alia, under Section 27 of the Arms Act.

Investigation is complete. Final report has already been filed. The

petitioner was not available for trial. The co-accused were available

for trial. One of them has been found not guilty and acquitted. The

case against the petitioner has been split up and transferred to the list

of Long Pending Cases. Coercive processes have been issued by the

learned Magistrate. The petitioner finds a warrant of arrest issued by

the learned Magistrate chasing him.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. His absence earlier was not wilful.

He is willing to appear before the learned Magistrate and seek regular

bail. But he apprehends that his application for 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 petitioner.

3. It is for the petitioner to appear before the learned

Magistrate and explain to the learned Magistrate the circumstances

2

under which he 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 bail application is, in these circumstances, dismissed,

but with the specific observation that if the petitioner appears before

the learned Magistrate and applies 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 and expeditiously –

on the date of surrender itself.

(R.BASANT, JUDGE)
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