IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2981 of 2008()
1. P.T.SURESH BABU, S/O.THANKAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2981 of 2008
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Dated this the 6th day of August, 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable under the P.C. Act. The petitioner was not
arrested at the crime stage, it is submitted. Investigation is
complete. Final report has been filed. Cognizance has been
taken. The matter is pending before the Enquiry Commissioner
and Special Judge, Trichur. Reckoning the petitioner as an
absconding accused, coercive processes have been issued against
the petitioner. The petitioner finds such coercive processes
issued by the learned Special Judge chasing him.
2. According to the petitioner he is absolutely innocent.
His failure/omission to appear earlier was not wilful, but was due
to reasons beyond his control. He is willing to surrender before
the learned Special Judge, but he apprehends that his
application for bail may not be considered by the learned Judge
on merits, in accordance with law and expeditiously. It is in
Crl.M.C.No. 2981 of 2008
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these circumstances prayed that appropriate directions may be issued to
release the petitioner on bail on the date of surrender itself.
3. It is certainly for the petitioner to appear before the learned
Special Judge and explain to the learned Judge the circumstances
under which he could not earlier appear before the learned Judge. I
have no reason to assume that the learned Special Judge would not
consider the application for bail to be filed by the petitioner when he
surrenders before the learned Judge, on merits, in accordance with law
and expeditiously. Every court must do the same. No special or
specific direction appears to be necessary. Sufficient general directions
have already been issued by this Court in the decision in Alice George
v. Dy.S.P. of Police (2003 (1) KLT 339).
4. This application is accordingly dismissed. I may however
hasten to observe that if the petitioner appears before the learned
Special Judge and applies for bail after giving sufficient prior
notice to the Prosecutor in charge of the case, the learned Judge
Crl.M.C.No. 2981 of 2008
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must proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
5. Hand over the order.
(R. BASANT)
Judge
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