IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5706 of 2007()
1. KUNHAMU, S/O. IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH
... Respondent
For Petitioner :SRI.DEVIDAS.U.K
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/09/2007
O R D E R
R. BASANT, J.
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B.A. No. 5706 OF 2007
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Dated this the 17th day of September, 2007
ORDER
The petitioner faces indictment in a prosecution under
Secs.323 and 324 read with Sec.34 of the IPC. Crime was
registered in 2003. Final report was filed. Cognizance was
also taken in 2003. The petitioner entered appearance and was
enlarged on bail. Subsequent to his non-appearance, a warrant
of arrest has been issued against him by the learned Magistrate.
The case has been transferred to the list of Long Pending Cases.
The warrant of arrest issued by the learned Magistrate to
procure the presence of the petitioner is chasing him.
2. According to the petitioner, he is absolutely
innocent. His absence was not wilful; but was due to beyond his
control. The petitioner, in these circumstances, wants to
surrender before the learned Magistrate and seek regular bail.
B.A. No. 5706 OF 2007 -: 2 :-
The petitioner 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, in these
circumstances, that the petitioner has come to this Court for a
direction to the learned Magistrate to release him on bail when
he appears before the learned Magistrate.
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 the petitioner’s
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).
4. In the result, this bail application 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
B.A. No. 5706 OF 2007 -: 3 :-
Magistrate must proceed to pass appropriate orders on merits
and expeditiously – on the date of surrender itself.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge