IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3464 of 2007()
1. SHAJAHAN, AGED 28 YEARS, S/O.ALI,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/11/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3464 of 2007
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Dated this the 16th day of November, 2007
O R D E R
The petitioner faces indictment in a prosecution for the
offence punishable under Section 420 I.P.C. Investigation is now
complete. Final report has been filed. Sessions case has been
registered. Co-accused have been tried, found not guilty and
acquitted. The petitioner was not available for trial before the
learned Sessions Judge. The case against him has been split up
and later been transferred to the list of long pending cases. The
warrant of arrest issued by the learned Sessions Judge is chasing
the petitioner. It is in these circumstances that the petitioner has
come to this Court with this petition under Section 482 Cr.P.C
2. According to the petitioner he is absolutely innocent.
His failure/omission to appear earlier was not wilful, but was due
to reasons beyond his control. He is willing to surrender before
the learned Sessions Judge and seek bail. But he apprehends
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that his application for bail may not be considered by the learned
Judge on merits, in accordance with law and expeditiously. In these
circumstances it is prayed that appropriate directions may be issued
to the learned Sessions Judge to release the petitioner on bail on the
date of surrender itself.
3. It is certainly for the petitioner to appear before the learned
Sessions Judge and explain to the learned Judge the circumstances
under which he could not earlier appear before the learned Judge. I
have no reason to assume that the learned Sessions Judge would not
consider the application for bail to be filed by the petitioner when he
surrenders before the learned Judge, 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
Sessions Judge and applies for bail after giving sufficient prior
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notice to the Prosecutor in charge of the case, the learned Judge
must proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
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