IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4549 of 2008()
1. MUNEER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/11/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No. 4549 of 2008
-------------------------------------------------
Dated this the 25th day of November, 2008
ORDER
The petitioner faces indictment as the 2nd accused in a
prosecution for offences punishable, inter alia, under Sec.308
read with Sec.149 IPC. The petitioner was enlarged on bail at
the crime stage. Later he went abroad. Investigation is now
complete. Final report has already been filed. Cognizance
has been taken. Reckoning the petitioner as an absconding
accused, the case against him has been transferred to the list
of Long Pending Cases. Coercive processes have been issued
against the petitioner by the learned Magistrate to procure his
presence. The petitioner apprehends imminent arrest in
execution of such processes.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. The petitioner
Crl.M.C. No. 4549 of 2008 -: 2 :-
has a further case that the parties have settled all their disputes
including the case and counter case. 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. 4549 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).
(R. BASANT, JUDGE)
Nan/