IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3663 of 2007()
1. JAYAMOL P.THOMAS, PUTHUVELIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/12/2007
O R D E R
R. BASANT, J.
````````````````````````````````````````````````````
Crl.M.C. No. 3663 OF 2007
````````````````````````````````````````````````````
Dated this the 10th day of December, 2007
O R D E R
The petitioner faces indictment in a prosecution
under Section 138 of the Negotiable Instruments Act. The
petitioner was not available in India, it is submitted.
Consequently, after taking cognizance, on account of non-
availability of the petitioner, the case against the petitioner
has been transferred to the list of Long Pending Cases and
coercive processes have been issued against the petitioner.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. His absence earlier was
not wilful or deliberate. The petitioner is willing to surrender
before the learned Magistrate and seek regular bail. But he
apprehends that his application for bail may not be considered
by the learned Magistrate on merits, in accordance with law
and expeditiously. He, therefore, prays that directions under
Section 482 Cr.P.C. may be issued to the learned Magistrate
to release the petitioner on bail when he appears and applies
for bail.
CRMC.3663/07
: 2 :
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 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 Criminal Miscellaneous Case 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
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.
(R.BASANT, JUDGE)
aks