IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6542 of 2007()
1. DILEEP @ DEEPU, AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.AJEESH S.BRITE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/10/2007
O R D E R
R.BASANT, J.
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B.A.No.6542 of 2007
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Dated this the 29th day of October 2007
O R D E R
Application for anticipatory bail. The petitioner faces
indictment for an offence punishable under Section 308 I.P.C.
The investigation is complete. Final report has already been
filed. Cognizance has been taken. Committal proceedings has
been registered before the learned Magistrate. The petitioner
has not appeared before the learned Magistrate. He was not
arrested also by the police till now. After taking cognizance,
coercive processes have been issued against the petitioner. The
petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. His absence earlier was
not wilful or deliberate. The petitioner is willing to surrender
before the learned Magistrate and seek regular bail. But he
apprehends that his application for bail may not be considered
by the learned Magistrate on merits, in accordance with law and
expeditiously. He, therefore, prays that directions under
Section 482 Cr.P.C. may be issued to the learned Magistrate to
release the petitioner on bail when he appears and applies for
bail.
B.A.No.6542/07 2
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 find absolutely no reason to assume
that the learned Magistrate would not consider the application
for bail to be filed by the petitioner on merits, in accordance with
law and expeditiously. Every court must do the same. No
special or specific directions appear to be necessary. Sufficient
general directions have been issued in Alice George vs. Deputy
Superintendent of Police [2003(1)KLT 339].
4. In the result, this bail application is dismissed but
with the specific observation that if the petitioner surrenders
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, in accordance with law and expeditiously – on the date
of surrender itself.
(R.BASANT, JUDGE)
jsr
B.A.No.6542/07 3
B.A.No.6542/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007