IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2126 of 2007()
1. SUNIL DAS, S/O.NARAYANAN,
... Petitioner
2. RAJU @ THOMAS, S/O.VARGHESE,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. FOREST RANGE OFFICER, MARAYOOR FOREST
For Petitioner :SRI.N.K.KARNIS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/07/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2126 of 2007
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Dated this the 3rd day of July 2007
O R D E R
The petitioners face indictment in a prosecution for
offences punishable under Sections 27(1)(e)(III) & (IV) of the
Kerala Forest Act. The case was registered as early as in 2003.
Consequent to non-availability of the petitioners before the
learned Magistrate, warrants of arrest have been issued against
the petitioner.
2. According to the petitioners, they are absolutely
innocent. Their failure to appear before the learned Magistrate
was not wilful and was on account of reasons beyond their
control. They are prepared to surrender before the learned
Magistrate. But they apprehend that their application for bail
may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. They, therefore, pray
that directions under Section 482 Cr.P.C. may be issued to the
learned Magistrate to release the petitioners on bail when they
appear and apply for bail.
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2. It is 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.
3. I find absolutely no reason to assume that the learned
Magistrate would not consider the application for bail to be filed
by the petitioners on merits, in accordance with law and
expeditiously. Every court must do the same. No special or
specific directions appear to be necessary. Sufficient general
directions have been issued in Alice George vs. Deputy
Superintendent of Police [2003(1)KLT 339].
4. In the result, this Crl.M.C is dismissed but with the
specific observation that if the petitioners surrender 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 proceed to pass appropriate orders on merits, in
accordance with law and expeditiously – on the date of surrender
itself.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
Crl.M.C.No.2126/07 3
Crl.M.C.No.2126/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007