IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8129 of 2007()
1. PRASANNA KUMAR, S/O.GOPALAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2008
O R D E R
R.BASANT, J
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B.A.No.8129 of 2007
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Dated this the 8th day of January, 2008
ORDER
Application for anticipatory bail. Petitioner faces allegations
in a case registered for offences punishable under Section 323
and 341 r/w 34 I.P.C. All offences alleged are bailable, it is
submitted. The case stood posted to 04.12.2007. There was a
direction to the petitioner to appear before the learned Magistrate
on 04.12.07. The petitioner did not appear before the learned
Magistrate. Consequently the learned Magistrate has issued
coercive processes against the petitioner. The petitioner finds a
warrant of arrest issued by the learned Magistrate chasing him.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing to
surrender before the learned Magistrate and apply for bail. But
he 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 therefore prayed that directions
under Section 482 Cr.P.C may be issued in favour of the
petitioner.
B.A.No.8129 of 2007 2
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 such application 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 in Alice
George v. The Deputy Superintendent of Police [2003(1)
KLT 339].
4. This bail application is, in these circumstances,
dismissed, but with the specific observation 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 appropriate
orders on merits and expeditiously – on the date of surrender
itself.
(R.BASANT, JUDGE)
rtr/-