IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2253 of 2007()
1. JAWAD, S/O.ABDUL RAZACK, POLAYATHODU,
... Petitioner
2. PROPRIETOR, M/S.DHANYA FASHION,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
3. MOHAMMED ASHRAFF.T., MANAGING DIRECTOR,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/07/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.2253 of 2007
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Dated this the 13th day of July, 2007
O R D E R
The petitioners face indictment in a prosecution under Section
138 of the Negotiable Instruments Act. Cognizance has been taken.
Consequent to non appearance of the petitioners, the case against
them has been transferred to the list of Long Pending Cases. The
petitioners find warrants of arrest issued by the learned Magistrate
chasing them. According to the petitioners, they are innocent. Their
absence was not wilful and was on account of reasons beyond their
control. They are willing to appear before the learned Magistrate and
seek regular bail, but they apprehend that their applications for bail
may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously. In these circumstances it is
prayed that directions under Section 482 Cr.P.C may be issued in
favour of the petitioners.
2. It is for the petitioners to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
under which they 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
Crl.M.C.No.2253 of 2007 2
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].
3. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation that if the petitioners appear before the
learned Magistrate and apply 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.
4. The warrants of arrest issued by the learned Magistrate
against the petitioners shall not be executed till 23.07.2007. Before
that date, the petitioners shall appear before the learned Magistrate
and seek regular bail.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R.BASANT, JUDGE)
rtr/-
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