K.V.Mohanan vs The Station House Officer on 8 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 638 of 2007()


1. K.V.MOHANAN, S/O.AMBHUNHI, AGED 41
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :08/03/2007

 O R D E R
                                 R.BASANT, J

                              ----------------------

                          Crl.M.C.No.638  of 2007

                        ----------------------------------------

                  Dated this the 8th day of March  2007




                                   O R D E R

The petitioner faces indictment in a prosecution interalia

under Section 324 I.P.C. He was employed abroad. He could

not appear before the learned Magistrate. The case against him

has been transferred to the list of long pending cases. Coercive

process issued by the learned Magistrate is chasing him. The

petitioner is willing to surrender before the learned Magistrate.

But the petitioner apprehends that the learned Magistrate may

not consider his application for bail on merits, in accordance

with law and expeditiously. He has hence come to this court

with the prayer that directions under Section 482 Cr.P.C may be

issued to the learned Magistrate to release him on bail on the

date of surrender itself.

2. 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.

Crl.M.C.No.638/07 2

3. I find absolutely no reason to assume that the learned

Magistrate would not consider the application for bail to be filed

by the petitioner 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 petitioner surrenders before the

learned Magistrate and applies for bail, after giving sufficient

prior notice to the learned Public 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 unless there are compelling reasons.

Hand over copy of this order to the learned counsel for the

petitioner.

(R.BASANT, JUDGE)

jsr

Crl.M.C.No.638/07 3

Crl.M.C.No.638/07 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006