IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3024 of 2008()
1. PREMJI PAPPACHAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.BIMAL K.NATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No.3024 of 2008
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Dated this the 11th day of August, 2008
ORDER
The petitioner, who is the sole accused, faces indictment
in a prosecution under Sec.498A IPC. Cognizance has been
taken on the basis of a final report submitted by the police
after investigation. The petitioner was not arrested in the
course of investigation. He has been shown as an absconding
accused. Coercive processes have been issued against the
petitioner by the learned Magistrate. Such processes are
chasing the petitioner now. The petitioner apprehends
imminent arrest.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. The
petitioner, in these circumstances, wants to surrender before
the learned Magistrate and seek regular bail. The petitioner
Crl.M.C. No.3024 of 2008 -: 2 :-
apprehends that his application for regular bail may not be
considered by the learned Magistrate on merits, in accordance
with law and expeditiously. It is, in these circumstances, that
the petitioner has come to this Court for a direction to the
learned Magistrate to release him on bail when he appears
before the learned Magistrate.
3. It is 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 Magistrate would not consider the petitioner’s
application for regular bail on merits, in accordance with law
and expeditiously. No special or specific directions appear to
be necessary. Every court must do the same. Sufficient general
directions on this aspect have already been issued in the decision
reported in Alice George v. Deputy Superintendent of Police
(2003 (1) KLT 339).
4. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Magistrate and seeks bail, after giving sufficient prior notice to
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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)
Nan/