IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2013 of 2008()
1. A.M. SHAFI, AGED 38 YEARS,
... Petitioner
2. SHAMEEM GAFOOR, S/O. HANEEFA,
Vs
1. STATE OF KERALA,
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.K.ANAND
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/05/2008
O R D E R
R.BASANT, J
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Crl.M.C No.2013 of 2008
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Dated this the 26th day of May, 2008
ORDER
Petitioners face indictment in a prosecution for offences
punishable, inter alia, under Section 307 I.P.C. They are arrayed
as accused 4 and 5, it is submitted. As the petitioners have not
so far entered appearance, coercive processes have been issued
against the petitioners. They apprehend imminent arrest.
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
circumstances under which they could not earlier appear before
the learned Magistrate. I have no reason to assume that the
Crl.M.C No.2013 of 2008 2
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
and expeditiously – on the date of surrender itself.
Hand over a copy of this order to the learned counsel for
the petitioners.
(R.BASANT, JUDGE)
rtr/-