Aneesh vs State Of Kerala on 16 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 233 of 2009()



1. ANEESH
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.RAFFEEKH.K

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :16/01/2009

 O R D E R
                           R.BASANT, J.
                        ----------------------
                      Crl.M.C.No.233 of 2009
                    ----------------------------------------
            Dated this the 16th day of January 2009

                               O R D E R

The petitioners face indictment in a prosecution for the

offence punishable under the Kerala Abkari Act. Investigation is

complete. Final report has been filed. Cognizance has been

taken. Committal proceedings has been registered. Petitioners

have not been arrested at any stage. Reckoning the petitioners

as absconding accused, coercive processes have been issued

against the petitioners by the learned Magistrate. The

petitioners find such processes chasing the petitioners. The

petitioners apprehend imminent arrest.

2. According to the petitioners they are absolutely

innocent. Their absence earlier was not wilful or deliberate.

The petitioners are willing to surrender before the learned

Magistrate and seek regular bail. But they apprehend that their

application for bail may not be considered by the learned

Magistrate on merits, in accordance with law and expeditiously.

They, therefore, pray that directions under Section 482 Cr.P.C.

may be issued to the learned Magistrate to release the

petitioners on bail when they appear and apply for bail.

Crl.M.C.No. 233/09 2

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 find absolutely no reason to assume that the

learned Magistrate would not consider the application for bail to be

filed by the petitioners 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 petitioners

surrender 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, in accordance with law and expeditiously – on the

date of surrender itself in the light of Sukumari v. State of Kerala

[2001(1)KLT 22]).

Hand over copy of this order to the learned counsel for the

petitioners.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No. 233/09 3

Crl.M.C.No. 233/09 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008