IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 87 of 2007()
1. ABOOBACKER VADAKKENGARA,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/01/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 87 OF 2007
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Dated this the 11th day of January, 2007
ORDER
The petitioner is the 2nd accused in a prosecution, inter
alia, under Sec.324 read with Sec.149 of the IPC. Some of 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. The petitioner now wants to
appear before the learned Magistrate. He apprehends that his
application for regular bail may not be considered by the
learned Magistrate on merits, in accordance with law and
expeditiously. He has hence come to this Court with a prayer
that directions may be issued under Sec.482 of the Cr.P.C. to
the learned Magistrate to release him on bail when he
surrenders and applies for bail.
2. 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
CRL.M.C.NO. 87 OF 2007 -: 2 :-
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).
3. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
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, unless compelling
and exceptional reasons are there.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge