IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3646 of 2007()
1. SUMESH A.V., S/O. VELAYUDHAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JIJO PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3646 of 2007
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Dated this the 6th day of December, 2007
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the N.I. Act. Cognizance was taken as early as in
2005, as can be seen from the number assigned to the case, i.e.
S.T. 372 of 2005. The petitioner has not entered appearance so
far. Consequently coercive processes have been issued against
him. The petitioner finds such processes issued by the learned
Magistrate chasing him.
2. According to the petitioner he is absolutely innocent.
His absence was not willful or deliberate, but on account of
reasons beyond his control. He is willing to surrender before the
learned Magistrate, 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 in these
circumstances prayed that appropriate directions may be issued to
release the petitioner on bail on the date of surrender itself.
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3. It is certainly for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
under which he could not earlier appear before the learned Magistrate.
I have no reason to assume that the learned Sessions Magistrate would
not consider the application for bail to be filed by the petitioner when
he surrenders before the learned Magistrate 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
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 orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
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