IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3439 of 2008()
1. ULLAS, S/O. BARGAVAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No.3439 of 2008
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Dated this the 5th day of September, 2008
ORDER
The petitioner faces indictment in a prosecution for the
offence punishable under Sec.366 IPC. He was enlarged on
bail at the crime stage. Investigation is complete. Final report
has already been filed. According to the petitioner, all the
disputes have been settled. He has married the girl who he is
alleged to have kidnapped. A child is born in the wed-lock
also. The petitioner did not receive any process, summons or
notice from the court. But unfortunately, reckoning him as an
absconding accused coercive processes have been issued
against the petitioner by the learned Magistrate. Such process
are chasing the petitioner now. The petitioner apprehends
imminent arrest in execution of such processes.
2. According to the petitioner, he is absolutely innocent.
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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
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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.
5. In the peculiar facts and circumstances of this case,
there shall be a direction that the coercive processes issued
against the petitioner shall not be executed till 16/9/2008. On
or before that date, the petitioner must surrender before the
learned Magistrate and seek regular bail.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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