IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4964 of 2008()
1. NAZEER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.M.ALTHAF
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4964 of 2008
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Dated this the 19th day of December, 2008
O R D E R
The petitioner is the husband of the defacto complainant
and faces indictment in a prosecution under Section 498A
I.P.C. He was not available in India at the time when the crime
was registered. Investigation is complete. Final report has
already been filed. All the co-accused have been granted
anticipatory bail. As the petitioner was not enlarged on bail,
coercive processes have been issued against him. The petitioner
finds such processes issued by the learned Magistrate chasing
him. He apprehends imminent arrest.
2. According to the petitioner he is absolutely innocent.
His absence was not willful or deliberate, but on account of
reasons beyond his control. He is willing to surrender before the
learned Magistrate, but he apprehends that his application for
bail may not be considered by the learned Magistrate on merits,
in accordance with law and expeditiously.
Crl.M.C.No. 4964 of 2008
2
3. It is certainly 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 application for bail to be filed by the petitioner when he
surrenders 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 petitioner appears 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 orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
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