IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6683 of 2007()
1. KUNJIMON,AGED 24 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.S.M.PREM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/11/2007
O R D E R
R. BASANT, J.
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B.A.No. 6683 of 2007
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Dated this the 12th day of November, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 376 I.P.C. Investigation is complete.
Final report has already been filed. Cognizance has been taken
by the learned Magistrate. Committal order was passed. The
Sessions Court has taken cognizance. The case is now pending
as S.C.340 of 2005 before the Fast Track Court-I, Trichur.
Consequent to the non-appearance of the petitioner before the
learned Sessions Judge, a warrant of arrest has been issued
against the petitioner. The petitioner finds such warrant of arrest
issued by the learned Sessions Judge chasing him.
2. According to the petitioner he is absolutely innocent.
His failure/omission to appear earlier was not wilful, but was due
to reasons beyond his control. The parties have settled their
disputes. The petitioner has married the victim. They had settled
the disputes before the matrimonial court also. In these
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circumstances it is prayed that the petitioner may not be vexed with
arrest and detention in the pending case.
3. It is certainly for the petitioner to appear before the learned
Sessions Judge and explain to the learned Judge the circumstances
under which he could not earlier appear before the learned Judge. I
have no reason to assume that the learned Sessions Judge would not
consider the application for bail to be filed by the petitioner when he
surrenders before the learned Judge, 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 petitioner appears before the learned
Sessions Judge and applies for bail after giving sufficient prior
notice to the Prosecutor in charge of the case, the learned Judge
must proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself. I need only mention that
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it will be open for the petitioner to place all materials before the
learned Sessions Judge to show that the petitioner has already married
the victim and has settled the disputes with the victim.
(R. BASANT)
Judge
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