IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2882 of 2007()
1. MURALI,S/O. RAMAN,AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED
... Respondent
2. SUB INSEPCTOR OF POLICE,
For Petitioner :SRI. JOHNSON P.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/09/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2882 of 2007
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Dated this the 13th day of September 2007
O R D E R
The petitioner faces indictment in a prosecution under the
Dowry prohibition Act. Cognizance has been taken. Case has
been registered. The petitioner was once enlarged on bail.
Consequent to his non-appearance, coercive processes have
been initiated against the petitioner. A warrant of arrest issued
by the learned Magistrate is chasing him.
2. According to the petitioner, he is innocent. His
absence earlier was not wilful. 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.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate, the
Crl.M.C.No.2882/07 2
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.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.2882/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007