IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3038 of 2007()
1. MADHU @ JOY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. APPUKUTTAN, S/O. KRISHNAN,
For Petitioner :SRI.R.SUNIL KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/10/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3038 of 2007
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Dated this the 3rd day of October 2007
O R D E R
The petitioner faces indictment in a prosecution under Section
138 of the Negotiable Instruments Act. On an earlier occasion,
warrant of arrest was issued against the petitioner and he was
constrained to remain in custody for the period – 17/2/2007 to
12/3/2007, it is submitted. The learned Magistrate had directed the
petitioner to appear before Lok Adalath. The petitioner did not
appear before Lok Adalath. Warrant of arrest issued by the learned
Magistrate is chasing the petitioner.
2. According to the petitioner, he is absolutely innocent. His
absence before the Lok Adalath was not wilful or deliberate. The
petitioner is willing to surrender before the learned Magistrate and
seek regular bail. But he apprehends that his application for bail may
not be considered by the learned Magistrate 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 Magistrate to
release the petitioner on bail when he appears and applies for bail.
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
Crl.M.C.No.3038/07 2
Magistrate. I find absolutely no reason to assume that the
learned Magistrate 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 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 appropriate orders on
merits, in accordance with law and expeditiously – on the date of
surrender itself.
5. In the peculiar facts and circumstances of this case, there
shall be a direction that the warrant of arrest issued against the
petitioner shall not be executed till 12/10/2007. In the meantime, the
petitioner must surrender before the learned Magistrate and apply for
regular bail.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3038/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007