IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6393 of 2007()
1. T.C.JOSHY, S/O.CHANDRAN,KALLUVEETTIL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.C.P.RAVIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/10/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. No. 6393 OF 2007
-------------------------------------------------
Dated this the 16th day of October, 2007
ORDER
The petitioner faces indictment in a prosecution under
Sec.138 of the Negotiable Instruments Act. Cognizance was
taken as early as in 2005. The petitioner has not entered
appearance so far. A warrant of arrest issued by the learned
Magistrate is chasing the petitioner.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. According to
the petitioner, he has not been served at all. In these
circumstances, the petitioner is willing to surrender before the
learned Magistrate and seek regular bail. The petitioner
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
B.A. No. 6393 OF 2007 -: 2 :-
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 bail application is dismissed; but with
the observation that if the petitioner surrenders before the
learned Magistrate and seeks 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
and expeditiously – on the date of surrender itself.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy.// P.S. to Judge