IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 248 of 2007()
1. RAYEES
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/02/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 248 OF 2007
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Dated this the 1st day of February, 2007
ORDER
The petitioner faces indictment in a prosecution, inter
alia, under the provisions of the P.D.P.P. Act. The case was
registered in 2004. The petitioner was allegedly not aware of
the registration of the case against him. He was not served.
In these circumstances, he could not/did not appear before the
learned Magistrate. He faces the unenviable predicament of a
warrant of arrest issued by the learned Magistrate chasing
him. The petitioner is willing to surrender before the learned
Magistrate. But he apprehends that the learned Magistrate
may not consider his application for bail on merits, in
accordance with law and expeditiously. He has hence come
to this Court with a prayer that directions under Sec.482 of
the Cr.P.C. may be issued in his favour to the learned
Magistrate to release him when he appears and applies for
bail.
2. I find no merit in the prayer. It is for the petitioner
to appear before the learned Magistrate and explain to the
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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).
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)
HO
Nan/
//true copy//
P.S. to Judge
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