IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4823 of 2008()
1. JAMSHEED, S/O.ABDUL LATHEEF, MASTER
... Petitioner
Vs
1. STATE OF KERALA REP BY INSPECTOR OF
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/12/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4823 of 2008
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Dated this the 12th day of December, 2008
ORDER
Petitioner faces indictment in a prosecution for the offence
punishable, inter alia, under Section 341 r/w 34 I.P.C.
Investigation is complete. Final report has already been filed.
Cognizance has been taken. The Calendar Case was registered.
The petitioner was not arrested at any stage. The case has now
been transferred to the list of Long Pending Cases. Reckoning
the petitioner as an absconding accused, coercive processes
have been issued against the petitioner by the learned
Magistrate. The petitioner apprehends imminent arrest.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing to
surrender before the learned Magistrate and apply for bail. But
he 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 therefore prayed that directions
under Section 482 Cr.P.C may be issued in favour of the
petitioner.
Crl.M.C. No.4823 of 2008 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 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 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].
4. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation that if the petitioner appears 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)
rtr/-