High Court Kerala High Court

Vineeth vs State Of Kerala on 16 June, 2008

Kerala High Court
Vineeth vs State Of Kerala on 16 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2234 of 2008()


1. VINEETH, AGED 21 YEARS, S/O.BALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :16/06/2008

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                 Crl.M.C. No. 2234 of 2008
           -------------------------------------------------
           Dated this the 16th day of June, 2008

                              ORDER

The petitioner faces indictment in a prosecution for

offences punishable, inter alia, under Sec.308 read with

Sec.149 of the IPC. The petitioner was arrested and enlarged

on bail at the crime stage, it is submitted. Investigation is

complete. Final report has already been filed. Cognizance

has been taken. Committal proceedings has been registered.

The petitioner has not entered appearance so far. The case

against him has been transferred to the list of Long Pending

Cases. Reckoning him as an absconding accused, coercive

processes have been issued against the petitioner by the

learned Magistrate. The petitioner finds such processes

chasing him now.

2. According to the petitioner, he is absolutely innocent.

Crl.M.C. No. 2234 of 2008 -: 2 :-

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 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

Crl.M.C. No. 2234 of 2008 -: 3 :-

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