IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2549 of 2008()
1. VIJESH @ BICHU AND ANOTHER
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE AND ANOTHER
... Respondent
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/07/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2549 of 2008
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Dated this the 8th day of July, 2008
O R D E R
The petitioners face indictment in a prosecution for
offences punishable, inter alia, under Section 307 r/w.149 I.P.C.
Investigation is complete. Final report has already been filed.
Cognizance has been taken. Committal proceedings has been
registered. The petitioners have not entered appearance so far.
Reckoning them as absconding, coercive processes have been
issued against them by the learned Magistrate. They apprehend
imminent arrest.
2. According to the petitioners they are absolutely
innocent. Their absence was not willful or deliberate, but on
account of reasons beyond their control. They are willing to
surrender before the learned Magistrate, but he apprehend that
their applications for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously.
It is in these circumstances prayed that appropriate directions
Crl.M.C.No. 2549 of 2008
2
may be issued to release the petitioners on bail on the date of surrender
itself.
3. It is certainly 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 have no reason to assume that the learned Magistrate
would not consider the applications for bail to be filed by the
petitioners when they surrender before the learned Magistrate 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 petitioners appear 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
Crl.M.C.No. 2549 of 2008
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proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself. Needless to say their
applicationa for bail may be considered in the light of the dictum in
Sukumari v. State of Kerala (2001 (1) KLT 22) also.
5. Hand over the order.
(R. BASANT)
Judge
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