High Court Kerala High Court

Prabhu vs State Of Kerala on 3 September, 2008

Kerala High Court
Prabhu vs State Of Kerala on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3335 of 2008()



1. PRABHU
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.V.PREMCHAND

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :03/09/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  Crl.M.C. No. 3335 of 2008
            -------------------------------------------------
        Dated this the 3rd day of September, 2008

                               ORDER

The petitioner faces indictment in a prosecution for

offences punishable, inter alia, under Sec.395 IPC as 6th

accused. The alleged incident took place on 4/12/07. The

petitioner was not arrested at the crime stage, it is submitted.

Investigation is complete. Final report has already been filed.

Cognizance has been taken. Committal proceedings has been

registered. The petitioner has not entered appearance.

Reckoning the petitioner as an absconding accused, coercive

processes have been issued against the petitioner by the

learned Magistrate. Such processes are chasing the petitioner.

The petitioner apprehends imminent arrest in execution of

such processes.

2. According to the petitioner, he is absolutely innocent.

Crl.M.C. No. 3335 of 2008 -: 2 :-

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

Crl.M.C. No. 3335 of 2008 -: 3 :-

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. Needless to say,

the application for bail will have to be considered in the light of

the decision in Sukumari v. State of Kerala (2001 (1) KLT 22).

5. Hand over a copy of this order to the learned counsel for

the petitioner.

(R. BASANT, JUDGE)

Nan/