High Court Kerala High Court

Vaisak vs State Of Kerala on 27 November, 2008

Kerala High Court
Vaisak vs State Of Kerala on 27 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4585 of 2008()


1. VAISAK, S/O.RAMACHANDRAN, AGED 18 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/11/2008

 O R D E R
                           R. BASANT, J.
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                  Crl.M.C.No. 4585 of 2008
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           Dated this the 27th day of November, 2008

                              O R D E R

The petitioner faces indictment as the 14th accused in a

prosecution for offences punishable, inter alia, under Section

307 r/w. 149 I.P.C. He was not arrested at any stage.

Cognizance has been taken. Committal proceedings has been

registered. Reckoning the petitioner as an absconding accused,

coercive processes have been issued against him. The petitioner

finds such processes issued by the learned Magistrate chasing

him. He apprehends imminent arrest.

2. According to the petitioner he is absolutely innocent.

His absence was not willful or deliberate, but on account of

reasons beyond his control. He is willing to surrender before the

learned Magistrate, but he apprehends that his application for

bail may not be considered by the learned Magistrate on merits,

in accordance with law and expeditiously.

3. It is certainly for the petitioner to appear before the

learned Magistrate and explain to the learned Magistrate the

Crl.M.C.No. 4585 of 2008
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circumstances under which he could not earlier appear before the

learned Magistrate. I have no reason to assume that the learned

Sessions Magistrate would not consider the application for bail to be

filed by the petitioner when he surrenders before the learned Magistrate

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 by

this Court in the decision in Alice George v. Dy.S.P. of Police

(2003 (1) KLT 339).

4. This application is accordingly dismissed. I may however

hasten to observe 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 orders on merits, in accordance with law and

expeditiously – on the date of surrender itself. Needless to say his

application for bail may be considered in the light of the dictum in

Sukumari v. State of Kerala (2001 (1) KLT 22) also.

5. Hand over the order.

(R. BASANT)
Judge
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