IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1831 of 2008()
1. SHINOY, S/O.VELAYUDHAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REPRESENTED BY PUBLIC PROSECUTOR,
For Petitioner :SRI.P.K.ANIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/05/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.1831 of 2008
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Dated this the 22nd day of May 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable inter alia under Section 308 I.P.C. The case
was pending before the Additional Sessions Court. The
petitioner was not available for trial. The case against him has
hence been split up and transferred to the list of long pending
cases. Coercive processes have been issued against the
petitioner. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. His absence earlier was
not wilful or deliberate. The petitioner is willing to surrender
before the learned Judge and seek regular bail. But he
apprehends that his application for bail may not be considered
by the learned Judge on merits, in accordance with law and
expeditiously. He, therefore, prays that directions under
Section 482 Cr.P.C. may be issued to the learned Judge to
release the petitioner on bail when he appears and applies for
bail.
Crl.M.C.No.1831/08 2
3. It is for the petitioner to appear before the learned
Judge and explain to the learned Judge, the circumstances under
which he could not earlier appear before the learned Judge. I
find absolutely no reason to assume that the learned Judge would
not consider the application for bail to be filed by the petitioner
on merits, in accordance with law and expeditiously. Every court
must do the same. No special or specific directions appear to be
necessary. Sufficient general directions have been issued in
Alice George vs. Deputy Superintendent of Police [2003(1)KLT
339].
4. In the result, this Criminal Miscellaneous Case is
dismissed but with the specific observation that if the petitioner
surrenders before the learned 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 appropriate orders
on merits, in accordance with law and expeditiously – on the date
of surrender itself.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.1831/08 3
Crl.M.C.No.1831/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007