IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1936 of 2008()
1. NIJITH, S/O.RAMACHANDRAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.K.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/03/2008
O R D E R
R.BASANT, J
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B.A.No.1936 of 2008
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Dated this the 26th day of March, 2008
ORDER
Application for anticipatory bail. Petitioner is the 1st
accused. He faces indictment in a prosecution, inter alia, under
Section 308 r/w 149 I.P.C. The case is pending before the
Sessions Court. All the co-accused have already been tried, found
not guilty and acquitted. The petitioner was not available for trial.
The case against him has been split up. He was employed
abroad. He was released on bail at the committal stage. But
thereafter the petitioner could not appear before the Sessions
Court as he had secured employment and was compelled to be
abroad in connection with his employment. The petitioner now
finds coercive processes issued by the learned Additional
Assistant Sessions Judge 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
B.A.No.1936 of 2008 2
with law and expeditiously. It is therefore prayed that directions
under Section 482 Cr.P.C may be issued in favour of the
petitioner.
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/-
B.A.No.1936 of 2008 3