IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3579 of 2007()
1. MOHAMMED SHIYAD,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.PREMCHAND
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/11/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3579 of 2007
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Dated this the 29th day of November, 2007
O R D E R
Petitioner faces indictment in a prosecution for offences
punishable, inter alia, under Section 452 I.P.C. That, it is
submitted, is the only non bailable offence involved. Final report
was filed and cognizance was taken as early as in 2003. The
petitioner, the 5th accused has not entered appearance so far.
Consequently coercive processes have been issued against him
by the learned Magistrate. He finds such processes chasing him
now.
2. According to the learned counsel for the petitioner,
the petitioner is absolutely innocent. His absence was not wilful
or deliberate. He is willing to surrender before the learned
Magistrate. 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.
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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
and expeditiously – on the date of surrender itself.
5. The learned counsel for the petitioner submits that
the marriage of the petitioner is scheduled to take place on
02.12.2007. He prays that there may be a direction that the
Crl.M.C.No.3579 of 2007 3
warrant of arrest issued against the petitioner should not be
executed till then. In the peculiar facts and circumstances of this
case, there shall be a direction that the warrant of arrest issued
against the petitioner shall not be executed till 05.12.07. On or
before that date, the petitioner shall surrender before the
learned Magistrate and seek regular bail.
6. The petitioner, who has not entered appearance so
far, has an interesting further request to make. He prays that
there may be a direction to dispose of his case expeditiously.
The petitioner must first appear before the learned Magistrate.
He must then seek early disposal of his case. In the facts and
circumstances of this case, I need only observe that the request
must be considered by the learned Magistrate on merits and with
compassion.
7. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-
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