IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2894 of 2008()
1. HAMZA @ BAPUTTY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :30/07/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 2894 of 2008
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 30th day of July, 2008
O R D E R
The petitioner faces indictment in a prosecution for the
offence punishable under Section 489 B & C I.P.C. The crime
was registered in 2001. The case was committed to the Court of
Sessions and was numbered as S.C.No.778 of 2005. The
petitioner did allegedly appear before the learned Sessions Judge
and was enlarged on bail. But later he secured employment
abroad and hence not able to appear before the learned Judge.
Reckoning him as absconding, coercive processes have been
issued against the petitioner. The petitioner finds such coercive
processes issued by the learned Sessions Judge chasing him. He
apprehends imminent arrest.
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 Magistrate, but he apprehends that his application for
Crl.M.C.No. 2894 of 2008
2
bail may not be considered by the learned Judge on merits, in
accordance with law and expeditiously. It is in these circumstances
prayed that appropriate directions may be issued 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
notice to the Prosecutor in charge of the case, the learned Judge
Crl.M.C.No. 2894 of 2008
3
must proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
tm